Delegations of Authority for the Office of Housing-Federal Housing Administration (FHA); Redelegation of Authority Regarding Single Family Housing Programs, 60173-60178 [E6-16861]
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Federal Register / Vol. 71, No. 197 / Thursday, October 12, 2006 / Notices
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.
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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.
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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
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5076–D–06]
Delegations of Authority for the Office
of Housing—Federal Housing
Administration (FHA); Redelegation of
Authority Regarding Single Family
Housing Programs
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Notice of revocation and
redelegation of authority for single
family housing programs.
AGENCY:
SUMMARY: On August 11, 2003, the
Assistant Secretary for Housing-Federal
Housing Commissioner issued an up-todate comprehensive delegation of
authority for single family housing
programs. This notice of delegation of
authority was published on August 20,
2003. This notice amends that
redelegation of authority to reflect
changes that have occurred since that
time.
DATES:
Effective Date: September 15,
2006.
FOR FURTHER INFORMATION CONTACT:
Wanda Sampedro, Special Assistant to
the Deputy Assistant Secretary for the
Office of Single Family Housing, Office
of Housing, Department of Housing and
Urban Development, 451 Seventh Street,
SW., Room 9282, Washington, DC
20410, telephone (202) 708–2676,
extension 2324. (This is not a toll-free
number). Persons with hearing or
speech impairments may access this
number by calling HUD’s toll-free
Federal Information Relay Service
number at 1–800–877–8339.
SUPPLEMENTARY INFORMATION: Section I.
of this notice sets forth the organization
of the Office of Single Family Housing.
Since publication of the August 20,
2003, delegation of authority (68 FR
50167), a new division, the Home
Valuation Policy Division, has been
added to the Office of Single Family
Program Development. Consequently,
Section I. has been amended to reflect
the new division in the organization of
the Office of Single Family Housing.
The authority redelegated to the new
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60173
division is reflected in Section III.E of
this notice.
Also, the redelegation of authority, at
Section III, has been amended, at
Section III.A, to indicate that source
selection official authority has been
redelegated by the Assistant Secretary
for Housing—Federal Housing
Commissioner (Assistant Secretary) to
the Deputy Assistant Secretary for
Single Family Housing and the
Associate Deputy Assistant Secretary for
Single Family Housing. Homeownership
Center (HOC) Directors have also been
redelegated source selection official
authority, in Section III.L., subject to a
dollar cap on their field-office based
contracts, within their respective subject
matter and geographical jurisdictions.
These unpublished redelegations were
most recently issued on March 17, 2004.
The exercise of all source selection
official authority (exercised in
Headquarters and in the field) is subject
to compliance with the Federal
Acquisition Regulation (FAR); HUD
Acquisition Regulation (HUDAR); and
HUD’s available funding, internal
procurement plans, and processes for
the approval of any procurement.
On July 18, 2005, the Assistant
Secretary issued a redelegation of
authority to management and marketing
contractors (M&Ms) to execute routine
documents necessary for the
management and sale of single-family
properties acquired by HUD in
connection with its Single Family
Housing Mortgage Insurance Program.
This notice of redelegation of authority
was published on July 26, 2005, at 70
FR 43171. The authority redelegated
will be incorporated into this
comprehensive redelegation of authority
in new Section III.Q., Management and
Marketing (M&M) Contractors.
Therefore, this redelegation of authority
supersedes the July 26, 2005 delegation
of authority.
On September 17, 2003, the Assistant
Secretary issued an unpublished
redelegation of authority to certain staff
in the Office of Housing’s Caribbean
Office enabling them to carry out duties
in connection with the Single Family
Property Disposition Program. In the
usual course, these duties would be
carried out by designated officials in the
(Atlanta, GA) HOC. However, local law
in Puerto Rico requires HUD staff in the
Caribbean Office to accept conveyances
of title. Accordingly, the redelegation
was issued and is now incorporated into
this comprehensive redelegation of
authority in Section III.R.
Accordingly, the notice of
redelegation of authority for single
family housing programs is amended
and updated, as follows:
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Federal Register / Vol. 71, No. 197 / Thursday, October 12, 2006 / Notices
Section I. Single Family Housing
Programs—Office of Housing
Organization
A. Office of Single Family Housing—
Headquarters
All Office of Single Family Housing
managers, in Headquarters and the field,
report to the Deputy Assistant Secretary
for Single Family Housing and
Associate Deputy Assistant Secretary for
Single Family Housing. In Headquarters,
there are three major single family
housing offices, each of which are
headed by a Director and are comprised
of Divisions. These offices are the
following:
• The Office of Single Family Housing
Program Development: This office is
comprised of three divisions. The Home
Mortgage Insurance Division is
generally responsible for developing
and implementing policies, procedures,
and guidelines covering the preapplication through the final
endorsement stage of FHA mortgage
insurance cases, including mortgage
loan origination and refinancing cases.
The Program Support Division is
responsible for: administering HUD’s
Housing Counseling program; managing
FHA’s nonprofit mortgagor discount
sales and secondary financing programs;
maintaining the Single Family Housing
Web site; producing single family
housing brochures; overseeing the
marketing of single family housing
programs; and providing a wide variety
of technical assistance to the three
offices within the Office of Single
Family Housing.
The Home Valuation Division is
responsible for managing all single
family property appraisal and valuation
requirements. These functions include
oversight and monitoring of appraisers,
203(k) consultants, and FHA-approved
inspectors; analyzing single family
property valuation issues, including
standards and policies associated with
new construction, property
rehabilitation, home equity conversion
mortgages, and modification of the
203(k) and Title I programs.
• The Office of Single Family Asset
Management: This office is comprised
of two divisions. The Single Family
Servicing and Loss Mitigation Division
is responsible for implementing the
single family loan servicing and loss
mitigation program, as well as for
strategic planning and guidance in
relation to HUD’s mortgage loan
portfolio. This portfolio includes loans
that are currently insured by or that
have been assigned to the Department.
Although a Headquarters Division, its
staff, including the Division director, is
out-stationed to Oklahoma City and
Tulsa, Oklahoma. Also, the loan
servicing and loss mitigation function is
carried out only by this Headquarters
division, and not by any field office.
The Asset Management and
Disposition Division develops policies
and procedures for, and implements, the
Single Family Property Disposition
Program.
• The Office of Lender Activities and
Program Compliance: This office
consists of two divisions. The Lender
Approval and Recertification Division
assists in the development of criteria for
approving FHA lenders. Applications
from mortgage lenders seeking to
become FHA mortgagees are filed with,
reviewed, and granted or denied within
this Division. The Division is also
responsible for lender recertifications.
The second division, the Quality
Assurance Division, is responsible for
ensuring that FHA-approved lenders
comply with requirements that govern
lender practices. It monitors the
performance of lenders and how well
their loans perform on an ongoing basis.
If necessary, the Office of Lender
Approval and Program Compliance can
work with lenders to improve their
practices, or, at the other extreme, assist
the Office of Housing in terminating a
lender’s FHA approval status.
B. Single Family Housing—Field Office
Structure
In order to maximize efficiencies and
empower people and communities, the
Office of Single Family Housing
undertook a major field reorganization
several years ago. Today, the office has
the following four HOCs in Atlanta,
Georgia; Denver, Colorado;
Philadelphia, Pennsylvania; and Santa
Ana, California. These HOCs are
responsible for the processing of cases
within their respective geographic
jurisdictions. In addition, Office of
Single Family Housing employees,
engaged in program support and lender
monitoring activities, are out-stationed
to locations throughout the United
States. Among other things, these
employees work within local
communities to perform marketing and
outreach activities, to ensure that the
public is aware of and has access to
Office of Housing programs. Program
support staff evaluate and provide
technical assistance to HUD-approved
housing counseling agencies.
A uniform structure applies to all of
the HOCs. The highest-ranking official
in the HOC is the HOC Director, who is
assisted by the HOC Deputy Director.
Functions performed by HOC staff are
distributed, according to type (e.g.,
production, quality assurance, etc.),
among five Divisions, each of which is
headed by a Division Director. The five
HOC Divisions are titled:
(1) Processing and Underwriting;
(2) Quality Assurance;
(3) Program Support;
(4) Real Estate Owned; and
(5) Operations and Customer Service.
Division Directors report to the HOC
Director and Deputy Director. (As is the
case in Headquarters, all staff of report
to the Deputy Assistant Secretary for
Single Family Housing and the
Associate Deputy Assistant Secretary for
Single Family Housing.) The chart
below identifies each HOC and its
geographic jurisdiction.
ATLANTA HOMEOWNERSHIP CENTER
Atlanta
Jackson
Jacksonville
Knoxville
Greensboro
Indianapolis
Chicago
Orlando
Tampa
Memphis
Nashville
Birmingham
Columbia
Miami
Louisville
The Caribbean
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DENVER HOMEOWNERSHIP CENTER
Denver
Casper
Salt Lake City
Des Moines
St. Louis
Oklahoma City
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Omaha
Albuquerque
Helena
San Antonio
Tulsa
New Orleans
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Shreveport
Fort Worth
Fargo
Sioux Falls
Little Rock
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Kansas City
Lubbock
Dallas
Milwaukee
Minneapolis
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60175
PHILADELPHIA HOMEOWNERSHIP CENTER
Philadelphia
Albany
New York
Providence
Columbus
Detroit
Cincinnati
Camden
Buffalo
Burlington
Washington, DC
Cleveland
Grand Rapids
Boston
Bangor
Pittsburgh
Richmond
Flint
Manchester
Charleston
Hartford
Baltimore
Wilmington
Newark
SANTA ANA HOMEOWNERSHIP CENTER
Santa Ana
Fresno
Honolulu
Las Vegas
Los Angeles
Phoenix
Reno
Sacramento
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Section II. Single Family Programs—
Functions
The Office of Single Family Housing
is charged with carrying out duties of
the Assistant Secretary and General
Deputy Assistant Secretary for
Housing—Deputy Federal Housing
Commissioner (General Deputy
Assistant Secretary) as they relate to
single family housing programs set forth
in the Department of Housing and
Urban Development Act. This broad
range of programs enables HUD, in
concert with program participants in the
private and public sectors, to provide
safe, decent, and affordable single
family housing to millions of American
families. Programs include the
implementation of certain regulatory
programs administered by the Office of
Housing. They promote homeownership
opportunities, provide for affordable
housing financing, and help to educate
mostly first-time homeowners on how to
maintain a home. [Note: Single family
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 the Office of
Housing, the Office of Government
Sponsored Enterprise Regulatory Staff,
assists the Assistant Secretary in
carrying out the provisions of
FHEFSSA.]
Under this delegation, the Assistant
Secretary redelegates broad program
authority to the Deputy Assistant
Secretary for Single Family Housing and
the Associate Deputy Assistant
Secretary for Single Family Housing and
commensurate with their respective
duties, Directors in Headquarters and in
the Field.
Characterizing the redelegated
authority in broad or generic terms will
enable the above Deputy Assistant
Secretary for Single Family Housing and
Associate Deputy Assistant Secretary for
Single Family Housing, and Directors in
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San Diego
San Francisco
Tucson
Seattle
Headquarters and the field, to perform
all functions necessary to accomplish
single family housing program tasks and
objectives.
In some past delegation notices, HUD
has set forth, in ‘‘laundry list’’ fashion
the detailed functions carried out by
managers under generic function
headings. However, publishing detailed
lists has proven problematic, as some
listed items become obsolete over time,
while other functions are omitted
through oversight. Conversely, this
delegation sets forth functions in
generic terms, while the preamble
provides insights into the nature of the
work performed by managers with
delegated authority under each category.
The basic single family housing program
functions and a brief description of each
are as follows:
A. General Authority
This authority allows managers to
sign any and all documents necessary to
carry out the business within their
program and geographical jurisdictions.
In addition, it allows managers, when
considering a proposal, to waive any
directives not mandated by statute or
regulation for good cause and with a
written justification.
B. Production
This function allows a manager with
delegated authority to make all
necessary determinations that relate to
the insured mortgage process.
Essentially, this category of functions
begins with a proposal to insure a home
mortgage and ends with the
Department’s endorsement of an insured
mortgage. For all insurance programs, it
includes, but is not limited to, such
activities as approving direct
endorsement lenders monitoring
contract reviews: maintaining rosters
and other lists of appraisers, inspectors,
and lenders; performing underwriting
reviews for mortgage credit; performing
appraisal reviews; performing
architectural field reviews; and setting
mortgage limits.
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Anchorage
Boise
Portland
Spokane
C. Servicing and Loss Mitigation
Servicing and Loss Mitigation
functions are intended to ensure the
servicing of the Secretary-held mortgage
portfolio and partial claims and the
monitoring of FHA servicers’ use of loss
mitigation and timely reporting of
defaulted, FHA-insured loans.
Additional responsibilities include:
writing off or compromising principal
debt, up to a maximum of $100,000;
providing on-site and off-site loss
mitigation training to lenders, housing
counseling agencies, and other FHA
program offices within HUD;
administering the Home Equity
Conversion Mortgage (HECM) reverse
equity mortgage program; operating a
nationwide call center to respond to
questions concerning loss mitigation
and foreclosure relief programs; and
supporting the Department’s endeavor
against predatory lending practices.
D. Quality Assurance
Quality assurance functions are
intended to ensure that an FHA lender
is in compliance with FHA lending
requirements and procedures. Lenders
that fail to meet FHA standards are
subject to sanctions. Functions include:
monitoring lender performance;
reviewing default and insurance claim
statistics; placing a lender on credit
watch; making recommendations to the
FHA Mortgagee Review Board for the
imposition of sanctions; entering into
indemnification agreements; or
terminating a lender’s FHA status.
E. Lender Approval and Recertification
The approval of new lenders and the
recertification of existing lenders are
FHA’s ‘‘gatekeeping’’ functions.
Functions include the approval of single
family and multifamily lenders and
processing the approval and
recertification applications from Single
Family Title I and Title II lenders, and
multifamily lenders for participation in
FHA programs. An additional function
is the administration of the Institution
Master File system, which is used to
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track the status of lenders and their
various authorities and which also
‘‘feeds’’ lender data to over 20 of HUD/
FHA’s other data systems.
F. Grants
Every year, the Office of Single
Family Housing issues a Notice of
Funding Availability (NOFA) for the
Single Family Housing Counseling
Program. This competitive funding
program is part of HUD’s annual
SuperNOFA publication that announces
funding programs developed throughout
the Department. In any given year,
however, Congress may authorize funds
for additional grant programs. The
Assistant Secretary is the Grant Officer
and thus the sole official responsible for
making grantee selections. Other grant
functions include developing criteria for
grant applications, rating and ranking
proposals, and selecting government
technical representatives to oversee
performance under the grant contracts.
Once a grant is awarded, functions
include monitoring a grantee’s
compliance with the agreement,
modifying a grant, terminating a grant
for non-compliance, and closing out a
grant in the usual course. The Assistant
Secretary will retain and not redelegate
the authority of the Grant Officer to
make selections of grantees or to
approve recipient noncompetitive
grants.
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G. Program Demonstrations
Periodically, Congress enacts
legislation authorizing HUD to conduct
a program on a demonstration basis. The
purpose of the demonstration is
essential to test the viability of a new
program or product 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 the
Congress, and closing out the
demonstration program.
H. Property Disposition
Although most property disposition
functions occur after HUD has acquired
title to a property, there are exceptions
that involve the pre-acquisition period.
For example, in anticipation of
acquiring title, HUD may decide to
allow a family to remain in the
conveyed property (i.e., an occupied
conveyance). Pre-acquisition decisions
will then concern approving a lease and
setting a rent level. Other decisions
concern a property’s maintenance (or
preservation) during the period of
conveyance from a lender. HUD reviews
claims for insurance benefits, and, once
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these are paid, the Department obtains
title to a property and assumes the
responsibilities of an owner. Among
other things, HUD maintains the
property, pays taxes and utility costs,
and prepares it for sale. Contractors
perform property maintenance
functions, with HUD monitoring their
work. Sales are conducted pursuant to
a bidding process with functions
ranging from advertising the property to
execution of the deed upon a sale. HUD
regulations governing single family
property dispositions are set forth at 24
CFR part 291. Consistent with current
practice, the Assistant Secretary will not
delegate the authority under 24 CFR
291.210(c), entitled Direct sales to
individuals or entities.
I. Debarments and Limited Denials of
Participation
A participant or contractor or affiliate,
other than a mortgagee, who fails to
comply with HUD program regulations,
rules, and/or procedures, can be denied
the right to participate in a HUD
program or programs. Procedures
governing the nature and scope of
proceedings for the issuance of a
debarment or limited denial of
participation are set forth in 24 CFR part
24. Only certain officials may issue such
limited denials of participation
pursuant to the process in the
regulations. [Note: FHA-approved
mortgagees are subject to an
independent sanction process set forth
in 24 CFR part 25.]
Section III. Single Family Programs—
Authority Redelegated
As described in the paragraph that
follows this one, The Assistant
Secretary and the General Deputy
Assistant Secretary retain and redelegate
the following power and authority: (1)
To the Deputy Assistant Secretary for
Single Family Housing and Associate
Deputy Assistant Secretary for Single
Family Housing and (2) through the
above Deputy Assistant Secretary and
Associate Deputy Assistant Secretary, to
the Headquarters Office Directors and
Headquarters Deputy Office Directors
listed below, and (3) through the
Headquarters Single Family Office
Directors and Deputy Office Directors,
to the Headquarters and Field Office
managers, and certain other officials.
A. Deputy Assistant Secretary and
Associate Deputy Assistant Secretary,
Office of Single Family Housing
Authority is redelegated, on a
nationwide basis, to take all actions
necessary to the conduct of all single
family Housing programs, including, but
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not limited to, 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 related to
mortgage insurance, grant, or other
programs;
(3) All loan servicing and loss
mitigation functions, including the
authority to act as a claims collection
officer and to write off or compromise
debt up to $100,000;
(4) All quality assurance functions;
(5) All functions necessary to
administer grants and cooperative
agreements awarded by the Assistant
Secretary. However, noncompetitive
contract awards proposed by assistance
recipients subject to the administrative
requirements for grants and cooperative
agreements at 24 CFR part 85 may only
be approved by the Assistant Secretary;
(6) All functions necessary to carry
out a program conducted on a
demonstration basis;
(7) All property disposition functions,
other than authorizing direct sales
under 24 CFR 291.210(c);
(8) Authority to conduct hearings
concerning a lender or program
participant’s participation in HUD
programs, and to issue (a) limited
denials of participation, and (b) final
debarment decisions, where a
participant has elected not to contest the
notice of proposed debarment of the
Assistant Secretary; and
(9) Authority to perform all source
selection official duties in connection
with Single Family Housing
procurement actions.
B. Director and Deputy Director, Office
of Single Family Program Housing
Development
Authority is redelegated, on a
nationwide basis, to take all actions
necessary to the conduct of single
family housing programs, 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, grant, or other
programs;
(3) All functions necessary to carry
out a cooperative agreement or
competitive or non-competitive grant
program, except for making grantee
selections and approving recipient
noncompetitive contracts; and
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(4) All functions necessary to carry
out a program conducted on a
demonstration basis.
C. Director, Home Mortgage Insurance
Division, Office of Single Family
Housing Program Development
Authority is redelegated, on a
nationwide basis, to take all actions
necessary to the conduct of single
family housing programs, 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, grant, or other
programs; and
(3) All functions necessary to carry
out a program conducted on a
demonstration basis.
D. Director, Program Support Division,
Office of Single Family Housing
Program Development
Authority is redelegated, on a
nationwide basis, to take all actions and
to perform all functions necessary to the
conduct of the single family housing
programs as follows:
(1) The general power to sign any
documents necessary to perform
enumerated functions and to waive any
directive that is not mandated by statute
or regulation;
(2) All functions necessary to carry
out a cooperative agreement,
competitive or non-competitive grant
program except for making grantee
selections and approving recipient
noncompetitive contracts; and
(3) All functions necessary to carry
out a program conducted on a
demonstration basis.
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E. Director, Valuation Policy Division,
Office of Single Family Housing
Program Development
Authority is redelegated, on a
nationwide basis, to take all actions and
to perform all functions necessary to the
conduct of the single family housing
programs, as follows:
(1) The general power to 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
programs; and
(3) All functions necessary to carry
out a program conducted on a
demonstration basis.
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F. Director and Deputy Director, Office
of Single Family Asset Management
Authority is redelegated, on a
nationwide basis, to take all actions
necessary to the conduct of single
family housing programs, 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 statute
or regulation;
(2) Loan servicing and loss mitigation
functions, including the authority to act
as a claims collection officer and to
write off or compromise debt up to
$100,000;
(3) All property disposition functions
other than authorizing direct sales
under 24 CFR 291.210(c); and
(4) All functions necessary to carry
out a program conducted on a
demonstration basis.
G. Director, Single Family Servicing and
Loss Mitigation Division, Office of Single
Family Asset Management
Authority is redelegated, on a
nationwide basis, to take all actions
necessary to the conduct of single
family housing programs 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 statute
or regulations; and
(2) All loan servicing and loss
mitigation functions, including the
authority to act as a claims collection
officer and to write off or compromise
debt up to $100,000.
H. Director, Asset Management and
Property Disposition Division, Office of
Single Family Asset Management
Authority is redelegated, on a
nationwide basis, to take all actions
necessary to the conduct of single
family housing programs 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 statute
or regulation;
(2) All property disposition functions
other than authorizing direct sales
under 24 CFR 291.210(c); and
(3) All functions necessary to carry
out a program conducted on a
demonstration basis.
I. Director and Deputy Director, Office of
Lender Activities and Program
Compliance
Authority is redelegated, on a
nationwide basis, to take all actions
necessary to the conduct of single
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Fmt 4703
Sfmt 4703
60177
family housing programs 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 statute
or regulation;
(2) All quality assurance functions,
including lender approval, recertification, and program compliance
functions;
(3) Authority to conduct hearings
concerning a lender or program
participants participation in HUD
programs, and to issue one or more
limited denials of participation; and
(4) All functions necessary to carry
out a program conducted on a
demonstration basis.
J. Director, Lender Approval and Recertification Division, Office of Lender
Activities and Program Compliance
Authority is redelegated, on a
nationwide basis, to take all actions
necessary to the conduct of single
family housing programs, 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 statute
or regulation; and
(2) All functions related to approving
and re-certifying FHA lenders.
K. Director, Quality Assurance Division,
Office of Lender Activities and Program
Compliance
Authority is redelegated, on a
nationwide basis, to take all actions
necessary to the conduct of single
family housing programs, 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 statute
or regulation;
(2) Monitor lender performance and
default and claim rates and to enter into
indemnification agreements; and
(3) All quality assurance functions
related to program compliance by
approved FHA lenders.
L. Homeownership Center-Director and
Deputy Director
Authority is redelegated, within their
respective jurisdictions, to take all
actions necessary to the conduct of all
single family housing programs
including, but not limited to, 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;
E:\FR\FM\12OCN1.SGM
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Federal Register / Vol. 71, No. 197 / Thursday, October 12, 2006 / Notices
(2) All production functions related to
mortgage insurance, grant, or other
programs;
(3) Monitoring of lender performance
and default and claim rates and the
entering into of indemnification
agreements;
(4) All functions necessary to carry
out a cooperative agreement,
competitive or non-competitive grant
program, except for making grantee
selections and approving recipient
noncompetitive contracts;
(5) All functions necessary to carry
out a program conducted on a
demonstration basis;
(6) All property disposition functions
other than authorizing direct sales
under 24 CFR 291.210(c);
(7) Authority to issue limited denials
of participation;
(8) Authority pursuant to 24 CFR
200.204(a)(2)(iii) to administer the
appeals process in connection with the
removal of an appraiser from the
appraiser roster and to issue a final
decision concerning an appraisers
removal from the roster; and
(9) Authority to perform source
selection official duties in connection
with field-office based single family
housing procurement actions, provided
that the (a) contract amount is less than
$10 million, and (b) authority is
exercised only by the HOC Director.
M. Homeownership Center-Processing
and Underwriting Division Director
Authority is redelegated, within their
respective jurisdictions, to take all
actions necessary to the conduct of all
single family housing programs
including, but not limited to, the
exercise of the following functions:
(1) The general power to sign any
documents necessary to perform
enumerated functions but not to issue
waivers of directives;
(2) All production functions related to
mortgage insurance, grant, or other
programs;
(3) All functions necessary to carry
out a program conducted on a
demonstration basis; and
(4) Authority pursuant to 24 CFR
200.204(a)(2)(iii) to issue the written
notice of proposed roster removal to an
appraiser.
rwilkins on PROD1PC63 with NOTICES
N. Homeownership Center-Quality
Assurance Division Director:
Authority is redelegated, within their
respective jurisdictions, to take all
actions necessary to the conduct of all
single family housing programs
including, but not limited to, the
exercise of the following functions:
(1) The general power to sign any
documents necessary to perform
VerDate Aug<31>2005
16:21 Oct 11, 2006
Jkt 211001
enumerated functions but not to issue
waivers of directives; and
(2) Monitor lender performance and
default and claim rates and to enter into
indemnification agreements.
O. Homeownership Center-Program
Support Division Director
Authority is redelegated, within their
respective jurisdictions, to take all
actions necessary to the conduct of all
single family housing programs
including, but not limited to, the
exercise of the following functions:
(1) The general power to sign any
documents to perform enumerated
functions but not to issue waivers of
directives;
(2) All functions necessary to carry
out a cooperative agreement,
competitive or non-competitive grant
program, except for making grantee
selections and approving recipient
noncompetitive contracts; and
(3) All functions necessary to carry
out a program conducted on a
demonstration basis.
P. Homeownership Center-Real Estate
Owned Division Director
Authority is redelegated, within their
respective jurisdictions, to take all
actions necessary to the conduct of all
single family housing programs
including, but not limited to, the
exercise of the following functions:
(1) The general power to sign any
documents necessary to perform
enumerated functions but not to issue
waivers of directives;
(2) All property disposition functions
other than authorizing direct sales
under 24 CFR 291.210(c); and
(3) All functions necessary to carry
out a demonstration conducted on a
demonstration basis.
Q. Particular Management and
Marketing (M&M) Contractor Officials
Authority to execute all documents
necessary in connection with the
management and sale of residential real
property acquired by HUD under its
insured mortgage and asset management
and disposition programs, excluding
indemnification agreements, but
including the authority to acknowledge,
seal, and deliver any agreements of sale,
special warranty deeds, form HUD–1
Settlement Statements, and any other
instrument that may be necessary in
connection with property management
and sales on behalf of the Department,
is redelegated to certain principals and/
or officers of HUD’s M&Ms whose
identity will be maintained at its Web
site located at https://www.hud.gov/
offices/hsg/sfh//reo/reo_home.cfm.
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Fmt 4703
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R. Supervisory Housing Program
Specialist, Office of Single Family
Housing’s Caribbean Office
(1) The general power to sign any
documents necessary to perform the
property disposition function identified
immediately below and to waive any
directive that is not mandated by statute
or regulation; and
(2) The authority to accept
conveyances of title to the Secretary to
one-to-four unit properties.
Section IV. Authority Excepted
The authority redelegated in Section
III.A through R does not include
authority to issue or waive regulations
or to take any action authorized under
FHEFSSA or the Department’s
regulations implementing FHEFSSA.
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 Section III.A through R.
Section VI. Revocation of Delegations
All prior redelegations issued by the
Assistant Secretary for Housing to staff
in the Office of Single Family Housing
are hereby superseded and/or revoked.
The Assistant Secretary for HousingFederal 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. Revocation shall be effective
upon the date of removal. With respect
to the officials identified in Section Q,
revocation shall be effective upon
removal of the affected principal or
officer’s name from the Web site
referenced in Section Q. 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. E6–16861 Filed 10–11–06; 8:45 am]
BILLING CODE 4210–67–P
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]]>Agencies
[Federal Register Volume 71, Number 197 (Thursday, October 12, 2006)]
[Notices]
[Pages 60173-60178]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16861]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5076-D-06]
Delegations of Authority for the Office of Housing--Federal
Housing Administration (FHA); Redelegation of Authority Regarding
Single Family Housing Programs
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Notice of revocation and redelegation of authority for single
family housing programs.
-----------------------------------------------------------------------
SUMMARY: On August 11, 2003, the Assistant Secretary for Housing-
Federal Housing Commissioner issued an up-to-date comprehensive
delegation of authority for single family housing programs. This notice
of delegation of authority was published on August 20, 2003. This
notice amends that redelegation of authority to reflect changes that
have occurred since that time.
DATES: Effective Date: September 15, 2006.
FOR FURTHER INFORMATION CONTACT: Wanda Sampedro, Special Assistant to
the Deputy Assistant Secretary for the Office of Single Family Housing,
Office of Housing, Department of Housing and Urban Development, 451
Seventh Street, SW., Room 9282, Washington, DC 20410, telephone (202)
708-2676, extension 2324. (This is not a toll-free number). Persons
with hearing or speech impairments may access this number by calling
HUD's toll-free Federal Information Relay Service number at 1-800-877-
8339.
SUPPLEMENTARY INFORMATION: Section I. of this notice sets forth the
organization of the Office of Single Family Housing. Since publication
of the August 20, 2003, delegation of authority (68 FR 50167), a new
division, the Home Valuation Policy Division, has been added to the
Office of Single Family Program Development. Consequently, Section I.
has been amended to reflect the new division in the organization of the
Office of Single Family Housing. The authority redelegated to the new
division is reflected in Section III.E of this notice.
Also, the redelegation of authority, at Section III, has been
amended, at Section III.A, to indicate that source selection official
authority has been redelegated by the Assistant Secretary for Housing--
Federal Housing Commissioner (Assistant Secretary) to the Deputy
Assistant Secretary for Single Family Housing and the Associate Deputy
Assistant Secretary for Single Family Housing. Homeownership Center
(HOC) Directors have also been redelegated source selection official
authority, in Section III.L., subject to a dollar cap on their field-
office based contracts, within their respective subject matter and
geographical jurisdictions. These unpublished redelegations were most
recently issued on March 17, 2004. The exercise of all source selection
official authority (exercised in Headquarters and in the field) is
subject to compliance with the Federal Acquisition Regulation (FAR);
HUD Acquisition Regulation (HUDAR); and HUD's available funding,
internal procurement plans, and processes for the approval of any
procurement.
On July 18, 2005, the Assistant Secretary issued a redelegation of
authority to management and marketing contractors (M&Ms) to execute
routine documents necessary for the management and sale of single-
family properties acquired by HUD in connection with its Single Family
Housing Mortgage Insurance Program. This notice of redelegation of
authority was published on July 26, 2005, at 70 FR 43171. The authority
redelegated will be incorporated into this comprehensive redelegation
of authority in new Section III.Q., Management and Marketing (M&M)
Contractors. Therefore, this redelegation of authority supersedes the
July 26, 2005 delegation of authority.
On September 17, 2003, the Assistant Secretary issued an
unpublished redelegation of authority to certain staff in the Office of
Housing's Caribbean Office enabling them to carry out duties in
connection with the Single Family Property Disposition Program. In the
usual course, these duties would be carried out by designated officials
in the (Atlanta, GA) HOC. However, local law in Puerto Rico requires
HUD staff in the Caribbean Office to accept conveyances of title.
Accordingly, the redelegation was issued and is now incorporated into
this comprehensive redelegation of authority in Section III.R.
Accordingly, the notice of redelegation of authority for single
family housing programs is amended and updated, as follows:
[[Page 60174]]
Section I. Single Family Housing Programs--Office of Housing
Organization
A. Office of Single Family Housing--Headquarters
All Office of Single Family Housing managers, in Headquarters and
the field, report to the Deputy Assistant Secretary for Single Family
Housing and Associate Deputy Assistant Secretary for Single Family
Housing. In Headquarters, there are three major single family housing
offices, each of which are headed by a Director and are comprised of
Divisions. These offices are the following:
The Office of Single Family Housing Program Development:
This office is comprised of three divisions. The Home Mortgage
Insurance Division is generally responsible for developing and
implementing policies, procedures, and guidelines covering the pre-
application through the final endorsement stage of FHA mortgage
insurance cases, including mortgage loan origination and refinancing
cases.
The Program Support Division is responsible for: administering
HUD's Housing Counseling program; managing FHA's nonprofit mortgagor
discount sales and secondary financing programs; maintaining the Single
Family Housing Web site; producing single family housing brochures;
overseeing the marketing of single family housing programs; and
providing a wide variety of technical assistance to the three offices
within the Office of Single Family Housing.
The Home Valuation Division is responsible for managing all single
family property appraisal and valuation requirements. These functions
include oversight and monitoring of appraisers, 203(k) consultants, and
FHA-approved inspectors; analyzing single family property valuation
issues, including standards and policies associated with new
construction, property rehabilitation, home equity conversion
mortgages, and modification of the 203(k) and Title I programs.
The Office of Single Family Asset Management: This office
is comprised of two divisions. The Single Family Servicing and Loss
Mitigation Division is responsible for implementing the single family
loan servicing and loss mitigation program, as well as for strategic
planning and guidance in relation to HUD's mortgage loan portfolio.
This portfolio includes loans that are currently insured by or that
have been assigned to the Department. Although a Headquarters Division,
its staff, including the Division director, is out-stationed to
Oklahoma City and Tulsa, Oklahoma. Also, the loan servicing and loss
mitigation function is carried out only by this Headquarters division,
and not by any field office.
The Asset Management and Disposition Division develops policies and
procedures for, and implements, the Single Family Property Disposition
Program.
The Office of Lender Activities and Program Compliance:
This office consists of two divisions. The Lender Approval and
Recertification Division assists in the development of criteria for
approving FHA lenders. Applications from mortgage lenders seeking to
become FHA mortgagees are filed with, reviewed, and granted or denied
within this Division. The Division is also responsible for lender
recertifications.
The second division, the Quality Assurance Division, is responsible
for ensuring that FHA-approved lenders comply with requirements that
govern lender practices. It monitors the performance of lenders and how
well their loans perform on an ongoing basis. If necessary, the Office
of Lender Approval and Program Compliance can work with lenders to
improve their practices, or, at the other extreme, assist the Office of
Housing in terminating a lender's FHA approval status.
B. Single Family Housing--Field Office Structure
In order to maximize efficiencies and empower people and
communities, the Office of Single Family Housing undertook a major
field reorganization several years ago. Today, the office has the
following four HOCs in Atlanta, Georgia; Denver, Colorado;
Philadelphia, Pennsylvania; and Santa Ana, California. These HOCs are
responsible for the processing of cases within their respective
geographic jurisdictions. In addition, Office of Single Family Housing
employees, engaged in program support and lender monitoring activities,
are out-stationed to locations throughout the United States. Among
other things, these employees work within local communities to perform
marketing and outreach activities, to ensure that the public is aware
of and has access to Office of Housing programs. Program support staff
evaluate and provide technical assistance to HUD-approved housing
counseling agencies.
A uniform structure applies to all of the HOCs. The highest-ranking
official in the HOC is the HOC Director, who is assisted by the HOC
Deputy Director. Functions performed by HOC staff are distributed,
according to type (e.g., production, quality assurance, etc.), among
five Divisions, each of which is headed by a Division Director. The
five HOC Divisions are titled:
(1) Processing and Underwriting;
(2) Quality Assurance;
(3) Program Support;
(4) Real Estate Owned; and
(5) Operations and Customer Service.
Division Directors report to the HOC Director and Deputy Director.
(As is the case in Headquarters, all staff of report to the Deputy
Assistant Secretary for Single Family Housing and the Associate Deputy
Assistant Secretary for Single Family Housing.) The chart below
identifies each HOC and its geographic jurisdiction.
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
ATLANTA HOMEOWNERSHIP CENTER
----------------------------------------------------------------------------------------------------------------
Atlanta Indianapolis Memphis Miami
Jackson Chicago Nashville Louisville
Jacksonville Orlando Birmingham The Caribbean
Knoxville Tampa Columbia
Greensboro
----------------------------------------------------------------------------------------------------------------
DENVER HOMEOWNERSHIP CENTER
----------------------------------------------------------------------------------------------------------------
Denver Omaha Shreveport Kansas City
Casper Albuquerque Fort Worth Lubbock
Salt Lake City Helena Fargo Dallas
Des Moines San Antonio Sioux Falls Milwaukee
St. Louis Tulsa Little Rock Minneapolis
Oklahoma City New Orleans
----------------------------------------------------------------------------------------------------------------
[[Page 60175]]
PHILADELPHIA HOMEOWNERSHIP CENTER
----------------------------------------------------------------------------------------------------------------
Philadelphia Cincinnati Grand Rapids Manchester
Albany Camden Boston Charleston
New York Buffalo Bangor Hartford
Providence Burlington Pittsburgh Baltimore
Columbus Washington, DC Richmond Wilmington
Detroit Cleveland Flint Newark
----------------------------------------------------------------------------------------------------------------
SANTA ANA HOMEOWNERSHIP CENTER
----------------------------------------------------------------------------------------------------------------
Santa Ana Los Angeles San Diego Anchorage
Fresno Phoenix San Francisco Boise
Honolulu Reno Tucson Portland
Las Vegas Sacramento Seattle Spokane
----------------------------------------------------------------------------------------------------------------
Section II. Single Family Programs--Functions
The Office of Single Family Housing is charged with carrying out
duties of the Assistant Secretary and General Deputy Assistant
Secretary for Housing--Deputy Federal Housing Commissioner (General
Deputy Assistant Secretary) as they relate to single family housing
programs set forth in the Department of Housing and Urban Development
Act. This broad range of programs enables HUD, in concert with program
participants in the private and public sectors, to provide safe,
decent, and affordable single family housing to millions of American
families. Programs include the implementation of certain regulatory
programs administered by the Office of Housing. They promote
homeownership opportunities, provide for affordable housing financing,
and help to educate mostly first-time homeowners on how to maintain a
home. [Note: Single family 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
the Office of Housing, the Office of Government Sponsored Enterprise
Regulatory Staff, assists the Assistant Secretary in carrying out the
provisions of FHEFSSA.]
Under this delegation, the Assistant Secretary redelegates broad
program authority to the Deputy Assistant Secretary for Single Family
Housing and the Associate Deputy Assistant Secretary for Single Family
Housing and commensurate with their respective duties, Directors in
Headquarters and in the Field.
Characterizing the redelegated authority in broad or generic terms
will enable the above Deputy Assistant Secretary for Single Family
Housing and Associate Deputy Assistant Secretary for Single Family
Housing, and Directors in Headquarters and the field, to perform all
functions necessary to accomplish single family housing program tasks
and objectives.
In some past delegation notices, HUD has set forth, in ``laundry
list'' fashion the detailed functions carried out by managers under
generic function headings. However, publishing detailed lists has
proven problematic, as some listed items become obsolete over time,
while other functions are omitted through oversight. Conversely, this
delegation sets forth functions in generic terms, while the preamble
provides insights into the nature of the work performed by managers
with delegated authority under each category. The basic single family
housing program functions and a brief description of each are as
follows:
A. General Authority
This authority allows managers to sign any and all documents
necessary to carry out the business within their program and
geographical jurisdictions. In addition, it allows managers, when
considering a proposal, to waive any directives not mandated by statute
or regulation for good cause and with a written justification.
B. Production
This function allows a manager with delegated authority to make all
necessary determinations that relate to the insured mortgage process.
Essentially, this category of functions begins with a proposal to
insure a home mortgage and ends with the Department's endorsement of an
insured mortgage. For all insurance programs, it includes, but is not
limited to, such activities as approving direct endorsement lenders
monitoring contract reviews: maintaining rosters and other lists of
appraisers, inspectors, and lenders; performing underwriting reviews
for mortgage credit; performing appraisal reviews; performing
architectural field reviews; and setting mortgage limits.
C. Servicing and Loss Mitigation
Servicing and Loss Mitigation functions are intended to ensure the
servicing of the Secretary-held mortgage portfolio and partial claims
and the monitoring of FHA servicers' use of loss mitigation and timely
reporting of defaulted, FHA-insured loans. Additional responsibilities
include: writing off or compromising principal debt, up to a maximum of
$100,000; providing on-site and off-site loss mitigation training to
lenders, housing counseling agencies, and other FHA program offices
within HUD; administering the Home Equity Conversion Mortgage (HECM)
reverse equity mortgage program; operating a nationwide call center to
respond to questions concerning loss mitigation and foreclosure relief
programs; and supporting the Department's endeavor against predatory
lending practices.
D. Quality Assurance
Quality assurance functions are intended to ensure that an FHA
lender is in compliance with FHA lending requirements and procedures.
Lenders that fail to meet FHA standards are subject to sanctions.
Functions include: monitoring lender performance; reviewing default and
insurance claim statistics; placing a lender on credit watch; making
recommendations to the FHA Mortgagee Review Board for the imposition of
sanctions; entering into indemnification agreements; or terminating a
lender's FHA status.
E. Lender Approval and Recertification
The approval of new lenders and the recertification of existing
lenders are FHA's ``gatekeeping'' functions. Functions include the
approval of single family and multifamily lenders and processing the
approval and recertification applications from Single Family Title I
and Title II lenders, and multifamily lenders for participation in FHA
programs. An additional function is the administration of the
Institution Master File system, which is used to
[[Page 60176]]
track the status of lenders and their various authorities and which
also ``feeds'' lender data to over 20 of HUD/FHA's other data systems.
F. Grants
Every year, the Office of Single Family Housing issues a Notice of
Funding Availability (NOFA) for the Single Family Housing Counseling
Program. This competitive funding program is part of HUD's annual
SuperNOFA publication that announces funding programs developed
throughout the Department. In any given year, however, Congress may
authorize funds for additional grant programs. The Assistant Secretary
is the Grant Officer and thus the sole official responsible for making
grantee selections. Other grant functions include developing criteria
for grant applications, rating and ranking proposals, and selecting
government technical representatives to oversee performance under the
grant contracts. Once a grant is awarded, functions include monitoring
a grantee's compliance with the agreement, modifying a grant,
terminating a grant for non-compliance, and closing out a grant in the
usual course. The Assistant Secretary will retain and not redelegate
the authority of the Grant Officer to make selections of grantees or to
approve recipient noncompetitive grants.
G. Program Demonstrations
Periodically, Congress enacts legislation authorizing HUD to
conduct a program on a demonstration basis. The purpose of the
demonstration is essential to test the viability of a new program or
product 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 the Congress, and closing out the
demonstration program.
H. Property Disposition
Although most property disposition functions occur after HUD has
acquired title to a property, there are exceptions that involve the
pre-acquisition period. For example, in anticipation of acquiring
title, HUD may decide to allow a family to remain in the conveyed
property (i.e., an occupied conveyance). Pre-acquisition decisions will
then concern approving a lease and setting a rent level. Other
decisions concern a property's maintenance (or preservation) during the
period of conveyance from a lender. HUD reviews claims for insurance
benefits, and, once these are paid, the Department obtains title to a
property and assumes the responsibilities of an owner. Among other
things, HUD maintains the property, pays taxes and utility costs, and
prepares it for sale. Contractors perform property maintenance
functions, with HUD monitoring their work. Sales are conducted pursuant
to a bidding process with functions ranging from advertising the
property to execution of the deed upon a sale. HUD regulations
governing single family property dispositions are set forth at 24 CFR
part 291. Consistent with current practice, the Assistant Secretary
will not delegate the authority under 24 CFR 291.210(c), entitled
Direct sales to individuals or entities.
I. Debarments and Limited Denials of Participation
A participant or contractor or affiliate, other than a mortgagee,
who fails to comply with HUD program regulations, rules, and/or
procedures, can be denied the right to participate in a HUD program or
programs. Procedures governing the nature and scope of proceedings for
the issuance of a debarment or limited denial of participation are set
forth in 24 CFR part 24. Only certain officials may issue such limited
denials of participation pursuant to the process in the regulations.
[Note: FHA-approved mortgagees are subject to an independent sanction
process set forth in 24 CFR part 25.]
Section III. Single Family Programs--Authority Redelegated
As described in the paragraph that follows this one, The Assistant
Secretary and the General Deputy Assistant Secretary retain and
redelegate the following power and authority: (1) To the Deputy
Assistant Secretary for Single Family Housing and Associate Deputy
Assistant Secretary for Single Family Housing and (2) through the above
Deputy Assistant Secretary and Associate Deputy Assistant Secretary, to
the Headquarters Office Directors and Headquarters Deputy Office
Directors listed below, and (3) through the Headquarters Single Family
Office Directors and Deputy Office Directors, to the Headquarters and
Field Office managers, and certain other officials.
A. Deputy Assistant Secretary and Associate Deputy Assistant Secretary,
Office of Single Family Housing
Authority is redelegated, on a nationwide basis, to take all
actions necessary to the conduct of all single family Housing programs,
including, but not limited to, 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 related to mortgage insurance, grant,
or other programs;
(3) All loan servicing and loss mitigation functions, including the
authority to act as a claims collection officer and to write off or
compromise debt up to $100,000;
(4) All quality assurance functions;
(5) All functions necessary to administer grants and cooperative
agreements awarded by the Assistant Secretary. However, noncompetitive
contract awards proposed by assistance recipients subject to the
administrative requirements for grants and cooperative agreements at 24
CFR part 85 may only be approved by the Assistant Secretary;
(6) All functions necessary to carry out a program conducted on a
demonstration basis;
(7) All property disposition functions, other than authorizing
direct sales under 24 CFR 291.210(c);
(8) Authority to conduct hearings concerning a lender or program
participant's participation in HUD programs, and to issue (a) limited
denials of participation, and (b) final debarment decisions, where a
participant has elected not to contest the notice of proposed debarment
of the Assistant Secretary; and
(9) Authority to perform all source selection official duties in
connection with Single Family Housing procurement actions.
B. Director and Deputy Director, Office of Single Family Program
Housing Development
Authority is redelegated, on a nationwide basis, to take all
actions necessary to the conduct of single family housing programs, 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, grant,
or other programs;
(3) All functions necessary to carry out a cooperative agreement or
competitive or non-competitive grant program, except for making grantee
selections and approving recipient noncompetitive contracts; and
[[Page 60177]]
(4) All functions necessary to carry out a program conducted on a
demonstration basis.
C. Director, Home Mortgage Insurance Division, Office of Single Family
Housing Program Development
Authority is redelegated, on a nationwide basis, to take all
actions necessary to the conduct of single family housing programs, 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, grant,
or other programs; and
(3) All functions necessary to carry out a program conducted on a
demonstration basis.
D. Director, Program Support Division, Office of Single Family Housing
Program Development
Authority is redelegated, on a nationwide basis, to take all
actions and to perform all functions necessary to the conduct of the
single family housing programs as follows:
(1) The general power to sign any documents necessary to perform
enumerated functions and to waive any directive that is not mandated by
statute or regulation;
(2) All functions necessary to carry out a cooperative agreement,
competitive or non-competitive grant program except for making grantee
selections and approving recipient noncompetitive contracts; and
(3) All functions necessary to carry out a program conducted on a
demonstration basis.
E. Director, Valuation Policy Division, Office of Single Family Housing
Program Development
Authority is redelegated, on a nationwide basis, to take all
actions and to perform all functions necessary to the conduct of the
single family housing programs, as follows:
(1) The general power to 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 programs; and
(3) All functions necessary to carry out a program conducted on a
demonstration basis.
F. Director and Deputy Director, Office of Single Family Asset
Management
Authority is redelegated, on a nationwide basis, to take all
actions necessary to the conduct of single family housing programs, 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
statute or regulation;
(2) Loan servicing and loss mitigation functions, including the
authority to act as a claims collection officer and to write off or
compromise debt up to $100,000;
(3) All property disposition functions other than authorizing
direct sales under 24 CFR 291.210(c); and
(4) All functions necessary to carry out a program conducted on a
demonstration basis.
G. Director, Single Family Servicing and Loss Mitigation Division,
Office of Single Family Asset Management
Authority is redelegated, on a nationwide basis, to take all
actions necessary to the conduct of single family housing programs 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
statute or regulations; and
(2) All loan servicing and loss mitigation functions, including the
authority to act as a claims collection officer and to write off or
compromise debt up to $100,000.
H. Director, Asset Management and Property Disposition Division, Office
of Single Family Asset Management
Authority is redelegated, on a nationwide basis, to take all
actions necessary to the conduct of single family housing programs 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
statute or regulation;
(2) All property disposition functions other than authorizing
direct sales under 24 CFR 291.210(c); and
(3) All functions necessary to carry out a program conducted on a
demonstration basis.
I. Director and Deputy Director, Office of Lender Activities and
Program Compliance
Authority is redelegated, on a nationwide basis, to take all
actions necessary to the conduct of single family housing programs 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
statute or regulation;
(2) All quality assurance functions, including lender approval, re-
certification, and program compliance functions;
(3) Authority to conduct hearings concerning a lender or program
participants participation in HUD programs, and to issue one or more
limited denials of participation; and
(4) All functions necessary to carry out a program conducted on a
demonstration basis.
J. Director, Lender Approval and Re-certification Division, Office of
Lender Activities and Program Compliance
Authority is redelegated, on a nationwide basis, to take all
actions necessary to the conduct of single family housing programs, 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
statute or regulation; and
(2) All functions related to approving and re-certifying FHA
lenders.
K. Director, Quality Assurance Division, Office of Lender Activities
and Program Compliance
Authority is redelegated, on a nationwide basis, to take all
actions necessary to the conduct of single family housing programs, 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
statute or regulation;
(2) Monitor lender performance and default and claim rates and to
enter into indemnification agreements; and
(3) All quality assurance functions related to program compliance
by approved FHA lenders.
L. Homeownership Center-Director and Deputy Director
Authority is redelegated, within their respective jurisdictions, to
take all actions necessary to the conduct of all single family housing
programs including, but not limited to, 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;
[[Page 60178]]
(2) All production functions related to mortgage insurance, grant,
or other programs;
(3) Monitoring of lender performance and default and claim rates
and the entering into of indemnification agreements;
(4) All functions necessary to carry out a cooperative agreement,
competitive or non-competitive grant program, except for making grantee
selections and approving recipient noncompetitive contracts;
(5) All functions necessary to carry out a program conducted on a
demonstration basis;
(6) All property disposition functions other than authorizing
direct sales under 24 CFR 291.210(c);
(7) Authority to issue limited denials of participation;
(8) Authority pursuant to 24 CFR 200.204(a)(2)(iii) to administer
the appeals process in connection with the removal of an appraiser from
the appraiser roster and to issue a final decision concerning an
appraisers removal from the roster; and
(9) Authority to perform source selection official duties in
connection with field-office based single family housing procurement
actions, provided that the (a) contract amount is less than $10
million, and (b) authority is exercised only by the HOC Director.
M. Homeownership Center-Processing and Underwriting Division Director
Authority is redelegated, within their respective jurisdictions, to
take all actions necessary to the conduct of all single family housing
programs including, but not limited to, the exercise of the following
functions:
(1) The general power to sign any documents necessary to perform
enumerated functions but not to issue waivers of directives;
(2) All production functions related to mortgage insurance, grant,
or other programs;
(3) All functions necessary to carry out a program conducted on a
demonstration basis; and
(4) Authority pursuant to 24 CFR 200.204(a)(2)(iii) to issue the
written notice of proposed roster removal to an appraiser.
N. Homeownership Center-Quality Assurance Division Director:
Authority is redelegated, within their respective jurisdictions, to
take all actions necessary to the conduct of all single family housing
programs including, but not limited to, the exercise of the following
functions:
(1) The general power to sign any documents necessary to perform
enumerated functions but not to issue waivers of directives; and
(2) Monitor lender performance and default and claim rates and to
enter into indemnification agreements.
O. Homeownership Center-Program Support Division Director
Authority is redelegated, within their respective jurisdictions, to
take all actions necessary to the conduct of all single family housing
programs including, but not limited to, the exercise of the following
functions:
(1) The general power to sign any documents to perform enumerated
functions but not to issue waivers of directives;
(2) All functions necessary to carry out a cooperative agreement,
competitive or non-competitive grant program, except for making grantee
selections and approving recipient noncompetitive contracts; and
(3) All functions necessary to carry out a program conducted on a
demonstration basis.
P. Homeownership Center-Real Estate Owned Division Director
Authority is redelegated, within their respective jurisdictions, to
take all actions necessary to the conduct of all single family housing
programs including, but not limited to, the exercise of the following
functions:
(1) The general power to sign any documents necessary to perform
enumerated functions but not to issue waivers of directives;
(2) All property disposition functions other than authorizing
direct sales under 24 CFR 291.210(c); and
(3) All functions necessary to carry out a demonstration conducted
on a demonstration basis.
Q. Particular Management and Marketing (M&M) Contractor Officials
Authority to execute all documents necessary in connection with the
management and sale of residential real property acquired by HUD under
its insured mortgage and asset management and disposition programs,
excluding indemnification agreements, but including the authority to
acknowledge, seal, and deliver any agreements of sale, special warranty
deeds, form HUD-1 Settlement Statements, and any other instrument that
may be necessary in connection with property management and sales on
behalf of the Department, is redelegated to certain principals and/or
officers of HUD's M&Ms whose identity will be maintained at its Web
site located at https://www.hud.gov/offices/hsg/sfh//reo/reo--home.cfm.
R. Supervisory Housing Program Specialist, Office of Single Family
Housing's Caribbean Office
(1) The general power to sign any documents necessary to perform
the property disposition function identified immediately below and to
waive any directive that is not mandated by statute or regulation; and
(2) The authority to accept conveyances of title to the Secretary
to one-to-four unit properties.
Section IV. Authority Excepted
The authority redelegated in Section III.A through R does not
include authority to issue or waive regulations or to take any action
authorized under FHEFSSA or the Department's regulations implementing
FHEFSSA.
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 Section III.A through R.
Section VI. Revocation of Delegations
All prior redelegations issued by the Assistant Secretary for
Housing to staff in the Office of Single Family Housing are hereby
superseded and/or revoked. 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. Revocation shall be
effective upon the date of removal. With respect to the officials
identified in Section Q, revocation shall be effective upon removal of
the affected principal or officer's name from the Web site referenced
in Section Q. 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. E6-16861 Filed 10-11-06; 8:45 am]
BILLING CODE 4210-67-P
