Consolidated Redelegation of Authority to the Office of General Counsel, 62803-62805 [E9-28785]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 74, Number 229 (Tuesday, December 1, 2009)]
[Notices]
[Pages 62803-62805]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28785]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5367-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 23, 2009.

FOR FURTHER INFORMATION CONTACT: Linda M. Cruciani, Deputy General 
Counsel for Operations, Office of General Counsel, Department of 
Housing and Urban Development, 451 7th Street, SW., Room 10240, 
Washington, DC 20410-0500, telephone number 202-402-5108. (This is not 
a toll-free number.) Individuals with speech or hearing impairments may 
access this number through TTY by calling 1-800-877-8339.

SUPPLEMENTARY INFORMATION: 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 in that notice 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 Principal Deputy General Counsel (or General Deputy 
General Counsel), the Deputy General Counsel for Operations, the Deputy 
General Counsel for Housing Programs and the Deputy General Counsel for 
Enforcement and Fair Housing. 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, but 
specifically do not revoke the divisions of responsibility set forth in 
the Office of General Counsel Litigation Handbook and its appendices.

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

    The General Counsel retains and redelegates the following authority 
concurrently to the Principal Deputy General Counsel, the Deputy 
General Counsel for Operations, the Deputy General Counsel for Housing 
Programs and the Deputy General Counsel for Enforcement and Fair 
Housing.
    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

[[Page 62804]]

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, issued 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 Principal 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 Administrative 
Law, 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, Administrative Law 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, and to the Assistant General Counsel for Fair Housing 
Compliance.
    4. To the Associate General Counsel for Fair Housing, the authority 
under 24 CFR 180.675(b), (c), (d) and (e) 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 Administrative Law, the 
Associate General Counsel for Ethics and Personnel Law, the Associate 
General Counsel for Litigation, the Associate General Counsel for Fair 
Housing and each Regional Counsel, the authority 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 Ethics and Personnel 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 
emanating from Headquarters or Regional Offices under the Freedom of 
Information Act (``FOIA''), 5 U.S.C. 552, except appeals from decisions 
of the Office of Inspector General. To the Regional Counsels, the 
authority to act upon appeals emanating from Field Offices under the 
Freedom of Information Act (``FOIA''), 5 U.S.C. 552, except appeals 
from decisions of the Office of Inspector General.
    9. To the Associate General Counsel for Ethics and Personnel Law 
and the Assistant General Counsel, Ethics Law Division, the authority 
to serve as Deputy Agency Ethics Officials in Headquarters responsible 
for undertaking Standards of Conduct program duties as directed by the 
General Counsel. The Associate General Counsel for Ethics and Personnel 
Law or the Assistant General Counsel, Ethics Law Division, may 
redelegate these duties to the Deputy Assistant General Counsel, Ethics 
Law Division. To the Regional Counsel, the authority to serve as Deputy 
Agency Ethics Officials responsible for undertaking Standards of 
Conduct program duties for the Regional and Field Offices as directed 
by the General Counsel. The Regional Counsel may redelegate their 
duties to Deputy Regional 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

[[Page 62805]]

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.
    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 Principal Deputy General Counsel, the Deputy General Counsel for 
Enforcement and Fair Housing, Director of the Departmental Enforcement 
Center, the Deputy Director of the Departmental Enforcement Center, 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.

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

    Dated: November 23, 2009.
Helen R. Kanovsky,
General Counsel.
[FR Doc. E9-28785 Filed 11-30-09; 8:45 am]
BILLING CODE 4210-67-P