Consolidated Redelegation of Authority to the Office of General Counsel, 68441-68443 [E8-27286]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 73, Number 223 (Tuesday, November 18, 2008)]
[Notices]
[Pages 68441-68443]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27286]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5268-D-02]


Consolidated Redelegation of Authority to the Office of General 
Counsel

AGENCY: Office of General Counsel, HUD.

ACTION: Notice of redelegation of authority.

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SUMMARY: This redelegation of authority consolidates and updates past 
redelegations of authority from the General Counsel to subordinate 
employees.

DATES: Effective Date: November 6, 2008.

FOR FURTHER INFORMATION CONTACT: John P. Opitz, Associate General 
Counsel, Office of Finance and Regulatory Compliance, Office of General 
Counsel, Department of Housing and Urban Development, 451 7th Street, 
SW., Room 9256, Washington, DC 20410-7000; 202-402-5178. (This is not a 
toll-free number.) For those needing assistance, this number may be 
accessed through TTY by calling 202-708-1455.

SUPPLEMENTARY INFORMATION: Elsewhere in today's Federal Register is a 
notice of a consolidated delegation of authority from the Secretary of 
HUD to the General Counsel. In that notice, the General Counsel was 
given the authority to redelegate to employees of HUD any authority 
delegated by the Secretary to the General Counsel. Through this notice, 
the General Counsel is redelegating certain authority to other 
employees of the Office of General Counsel.
    Section A contains concurrent redelegations from the General 
Counsel to the General Deputy General Counsel, the Deputy General 
Counsel for Operations and the Deputy General Counsel for Housing 
Programs. Section B contains redelegations from the General Counsel to 
specific positions within the Office of General Counsel. Section C 
contains redelegations to the Departmental Enforcement Center within 
the Office of General Counsel. These redelegations revoke and supersede 
all previous delegations of authority from the General Counsel to 
subordinate employees.

Section A. Authority Delegated to the General Deputy General Counsel 
and Deputy General Counsels

    The General Counsel retains and redelegates the following authority 
concurrently to the General Deputy General Counsel, the Deputy General

[[Page 68442]]

Counsel for Operations, and the Deputy General Counsel for Housing 
Programs.
    1. To interpret the authority of the Secretary and to determine 
whether the issuance of any rule, regulation, statement of policy, or 
standard promulgated by HUD is consistent with that authority.
    2. To direct all litigation affecting HUD and to sign, acknowledge 
and verify on behalf of and in the name of the Secretary all 
declarations, bills, petitions, pleas, complaints, answers, and other 
pleadings in any court proceeding brought in the name of or against the 
Secretary or in which he/she is a named party.
    3. To direct the referral of cases and other matters to the 
Attorney General for appropriate legal action and to transmit 
information and material pertaining to the violation of law or HUD 
rules and regulations. There are excepted from this authority, however, 
those referrals and transmittals that the Inspector General is 
authorized to make by law or by delegation of authority.
    4. To accept, on behalf of the Secretary, service of all summons, 
subpoenas, and other judicial, administrative, or legislative processes 
directed to the Secretary or to an employee of HUD in an official 
capacity and to execute affidavits asserting HUD's deliberative process 
privilege.
    5. Where not inconsistent with other regulations pertaining to 
proceedings before administrative law judges, to approve the issuance 
of subpoenas or interrogatories pertaining to investigations for which 
responsibility is vested in the Secretary.
    6. To consider, ascertain, adjust, determine, compromise, allow, 
deny or otherwise dispose of claims under the Federal Tort Claims Act, 
28 U.S.C. 1346(b), 2671 et seq. and the Military Personnel and Civilian 
Employees' Claims Act of 1974, 31 U.S.C. 3721 et seq.
    7. To act upon the appeals and issue final determinations on 
appeals of denial of access or record correction under the Privacy Act 
of 1974, except appeals regarding records maintained by the Office of 
Inspector General (Pub. L. 93-579), 5 U.S.C. 552(c).
    8. To make written requests, for purposes of civil or criminal law 
enforcement activities, to other agencies for the transfer of records 
or copies of records maintained by such agencies under subsection 
(b)(7) of the Privacy Act of 1974, as amended (5 U.S.C. 552a(b)(7)) 
(``Privacy Act'').
    9. To act upon appeals under the Freedom of Information Act, 5 
U.S.C. 552, except appeals from decisions of the Office of Inspector 
General.
    10. To appoint a foreclosure commissioner or commissioners, or a 
substitute foreclosure commissioner to replace a previously designated 
foreclosure commissioner under:
    (a) Section 805 of the Single Family Mortgage Foreclosure Act of 
1994, 12 U.S.C. 3754; the power to fix compensation for the foreclosure 
commissioner under Section 812 of the Single Family Mortgage 
Foreclosure Act of 1994; 12 U.S.C. 3761, and to promulgate regulations 
necessary to carry out the provisions of the Single Family Mortgage 
Foreclosure Act of 1994; and
    (b) Section 365 of the Multifamily Mortgage Foreclosure Act of 
1981, 12 U.S.C. 3701, et seq.; the power to fix compensation for the 
foreclosure commissioner under Section 369(c) of the Multifamily 
Mortgage Foreclosure Act of 1981; 12 U.S.C. 3701, et seq., and to 
promulgate regulations necessary to carry out the provisions of the 
Multifamily Mortgage Foreclosure Act of 1981.
    11. To make determinations and certifications required under 
Section 1114 of the Right to Financial Privacy Act, 12 U.S.C. 3401, et 
seq.
    12. To designate authorized officials to exercise the powers or 
perform the duties of the General Counsel, through an order of 
succession (subject to the provisions of the Federal Vacancies Reform 
Act of 1998, 5 U.S.C. 3345-3349d), during any period when by reason of 
absence, disability, or vacancy in office, the General Counsel for HUD 
is not available.
    13. To serve as an Attesting Officer and to cause the seal of HUD 
to be affixed to such documents as may require its application and to 
certify that a copy of any book, paper, microfilm, or other document is 
a true copy of that in the files of HUD.
    14. To act as the designated official under Section 5(a) of 
Executive Order 12630, Governmental Actions and Interference With 
Constitutionally Protected Property Rights, issued March 15, 1987 (53 
FR 8859, March 18, 1988), consistent with Executive Order 13406, 
Protecting the Property Rights of the American People, issued June 23, 
2006 (71 FR 36973, June 28, 2006).
    15. To make determinations of federalism implications, preemptions, 
or the need for consultation with state and local officials as required 
by Executive Order 13131, Federalism, issue August 4, 1999 (64 FR 
43255, August 10, 1999).

Section B. Authority Redelegated to Specific Positions Within the 
Office of General Counsel

    The General Counsel hereby retains and redelegates the following 
authority to the General Deputy General Counsel, the Deputy General 
Counsels and to specific positions within the Office of General 
Counsel. This authority may not be further redelegated unless expressly 
stated in the redelegation.
    1. To the Associate General Counsel for Litigation and to Regional 
Counsel, the authority to accept, on behalf of the Secretary, service 
of all summons, subpoenas, and other judicial, administrative, or 
legislative processes directed to the Secretary or to an employee of 
HUD Headquarters in an official capacity. The Associate General Counsel 
for Litigation may redelegate this authority within the Office of 
Litigation and the Regional Counsel may redelegate this authority to 
Chief Counsels within their operating jurisdiction.
    2. To the Associate General Counsel for Finance and Regulatory 
Compliance, or designee, the authority to implement the policies of the 
National Environmental Policy Act (NEPA) and other environmental 
requirements of HUD, including the performance of the responsibilities 
of the Program Environmental Clearance Officer for the Office of 
General Counsel; 24 CFR 50.10(a), 50.16. The Associate General Counsel 
retains and redelegates this authority to the Assistant General 
Counsel, GSE/RESPA Division, and to the Senior Environmental Attorney.
    3. To the Associate General Counsel for Fair Housing and to 
Regional Counsel, the authority to process cases arising under the Fair 
Housing Act and other Civil Rights statutes, as set forth in 24 CFR 
parts 103 and 180 (with the exception of 24 CFR 180.675). The Associate 
General Counsel for Fair Housing retains this authority and further 
redelegates it to the Assistant General Counsel for Fair Housing 
Enforcement.
    4. To the Associate General Counsel for Fair Housing, the authority 
under 24 CFR 180.675 concerning petitions for review. The Associate 
General Counsel for Fair Housing retains and redelegates this authority 
to the Assistant General Counsel for Fair Housing Enforcement.
    5. To the Associate General Counsel for Program Enforcement, the 
Associate General Counsel for Finance and Regulatory Compliance, the 
Associate General Counsel for Human Resources Law, the Associate 
General Counsel for Litigation, and the Associate General Counsel for 
Fair Housing, the authority

[[Page 68443]]

to make written requests, for purposes of civil or criminal law 
enforcement activities, to other agencies for the transfer of records 
or copies of records maintained by such agencies under subsection 
(b)(7) of the Privacy Act of 1974, as amended (5 U.S.C. 552a(b)(7)) 
(``Privacy Act''), except appeals involving records maintained by the 
Office of Inspector General.
    6. To the Associate General Counsel for Human Resources Law, the 
authority to make determinations and certifications required under 
section 1114 of the Right to Financial Privacy Act, 12 U.S.C. 3401, et 
seq.
    7. To the Associate General Counsel for the Office of Assisted 
Housing and Community Development, the authority to make legal 
determinations on behalf of the Department of Housing and Urban 
Development on matters involving the financing of obligations 
guaranteed under section 108 of the Housing and Community Development 
Act of 1974, as amended, 42 U.S.C. 5308.
    8. To the Senior Counsel, the authority to act upon appeals under 
the Freedom of Information Act (``FOIA''), 5 U.S.C. 552, except appeals 
from decisions of the Office of Inspector General.
    9. To Regional Counsel, in each Regional Office, the authority to 
serve as Deputy Agency Ethics Official responsible for undertaking 
Standards of Conduct program duties as directed by the General Counsel. 
The Regional Counsel may redelegate their duties to Deputy Regional 
Counsel upon the written approval of the General Counsel.
    10. To Regional Counsel, the authority to appoint a foreclosure 
commissioner or commissioners, or a substitute foreclosure commissioner 
to replace a previously designated foreclosure commissioner under 
section 805 of the Single Family Mortgage Foreclosure Act of 1994, 12 
U.S.C. 3754; the power to fix compensation for the foreclosure 
commissioner under section 812 of the Single Family Mortgage 
Foreclosure Act of 1994, 12 U.S.C. 3761; and to promulgate regulations 
necessary to carry out the provisions of the Single Family Mortgage 
Foreclosure Act of 1994. This authority may be redelegated to the 
Deputy Regional Counsel with the approval of the General Counsel.
    11. To Regional Counsel, the authority to appoint a foreclosure 
commissioner or commissioners, or a substitute foreclosure commissioner 
to replace a previously designated foreclosure commissioner, under 
section 365 of the Multifamily Mortgage Foreclosure Act of 1981 and the 
power to fix compensation for the foreclosure commissioner under 
Section 369C of the Multifamily Mortgage Foreclosure Act of 1981 (12 
U.S.C. 3701, et seq.). This authority may be redelegated to the Deputy 
Regional Counsel with the approval of the General Counsel.
    12. To Regional Counsel for Region I (Boston, MA), through the 
Federal Tort Claims Center, the power and authority to consider, 
ascertain, adjust, determine, compromise, allow, deny or otherwise 
dispose of claims under the Federal Tort Claims Act and the Military 
Personnel and Civilian Employees' Claims Act of 1964.
    13. To Regional Counsel, the authority to concur on the issuance 
and settlement of limited denials of participation (LDPs) issued by HUD 
Field Offices pursuant to 2 CFR part 2424.
    14. To the positions listed below, the authority to serve as 
Attesting Officers and to cause the seal of HUD to be affixed to such 
documents as may require its application and to certify that a copy of 
any book, paper, microfilm, or other document is a true copy of that in 
the files of HUD:
    (a) Each Associate General Counsel;
    (b) Each Assistant General Counsel;
    (c) Each Regional Counsel;
    (d) Each Deputy Regional Counsel; and
    (e) Each Chief Counsel.
    This authority may be redelegated.

Section C. Authority Redelegated to the Departmental Enforcement Center

    The General Counsel retains and redelegates the following authority 
to the Director of the Departmental Enforcement Center, the Deputy 
Director, and the Directors of the satellite Departmental Enforcement 
Centers. This authority may not be further redelegated unless expressly 
stated in the redelegation.
    1. The authority to take all actions permitted under 24 CFR 30.36, 
not to include the authority to waive any regulations issued under the 
authority of the Assistant Secretary for Housing--Federal Housing 
Commissioner.
    2. The authority to take all actions permitted under 24 CFR 30.45, 
not to include the authority to waive any regulations issued under the 
authority of the Assistant Secretary for Housing--Federal Housing 
Commissioner.
    3. The authority to take all actions permitted under 24 CFR 30.68, 
not to include the authority to waive any regulations issued under the 
authority of the Assistant Secretary for Housing--Federal Housing 
Commissioner or the Assistant Secretary for Public and Indian Housing.
    4. The authority to issue notice of default under the terms of a 
section 8 housing assistance payments contract issued under the 
authority of the Assistant Secretary for Housing--Federal Housing 
Commissioner.
    5. The authority to issue notice of violation under the terms of a 
regulatory agreement and notice of default under contract issued under 
the authority of the Assistant Secretary for Housing--Federal Housing 
Commissioner.
    6. The authority to initiate a civil money penalty action against:
    (a) Employees who improperly disclose information pursuant to 
section 103 of the Department of Housing and Urban Development Reform 
Act of 1989 (42 U.S.C. 3537a(c)) and 24 CFR part 4, subpart B in 
accordance with the provisions of 24 CFR part 30.
    (b) Applicants for assistance, as defined in 24 CFR part 4, subpart 
A, who knowingly and materially violate the provisions of subsections 
(b) or (c) of section 102 of the Department of Housing and Urban 
Development Reform Act of 1989 (42 U.S.C. 3545) in accordance with the 
provisions of 24 CFR part 30.

Section D. Authority Superseded

    This delegation supersedes all previous delegations of authority 
from the General Counsel to subordinate positions within the Office of 
General Counsel including, but not limited to, all delegations listed 
below:
    1. 45 FR 67779 (October 14, 1980) [Docket No. D-80-623], as amended 
by 54 FR 4913 (January 31, 1989) [Docket No. D-89-893; FR-2595];
    2. 54 FR 4913 (January 31, 1989) [Docket No. D-89-893; FR-2595];
    3. 54 FR 13121 (March 30, 1989) [Docket No. D-89-894; FR-2614];
    4. 54 FR 46654 (November 6, 1989) [Docket No. D-89-893, FR-2595];
    5. 58 FR 8057 (February 11, 1993) [Docket No. D-93-1017];
    6. 58 FR 8057 (February 11, 1993) [Docket No. D-93-1017; FR-3445-
D01];
    7. 59 FR 9761 (March 1, 1994) [Docket No. D-94-1051; FR-3667-D01];
    8. 59 FR 52986 (October 20, 1994) [Docket No. D-94-1074; FR-3801-D-
01];
    9. 65 FR 4619 (January 31, 2000) [Docket No. FR-4572-D-01];
    10. 67 FR 44234 (July 1, 2002) [Docket No. FR-4752-D-01];
    11. 68 FR 41840 (July 15, 2003) [Docket No. FR-4837-D-33].

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

    Dated: November 6, 2008.
Robert M. Couch,
General Counsel.
[FR Doc. E8-27286 Filed 11-17-08; 8:45 am]
BILLING CODE 4210-67-P