Consolidated Redelegation of Authority to the Office of General Counsel, 42463-42467 [2011-18017]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Notices]
[Pages 42463-42467]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18017]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5543-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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[[Page 42464]]

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

DATES: Effective Date: July 9, 2011.

FOR FURTHER INFORMATION CONTACT: John P. Opitz, Associate General 
Counsel for Finance and Administrative Law, Office of General Counsel, 
Department of Housing and Urban Development, 451 7th Street, SW., Room 
8150, Washington, DC 20410-0500, telephone number 202-708-1999. (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 to 
the General Counsel. In that notice, the General Counsel is authorized 
to redelegate to employees of HUD 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 of this notice contains concurrent redelegations from the 
General Counsel 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.
    Section B of this notice contains redelegations from the General 
Counsel to specific positions within the Office of General Counsel.
    Section C of this notice contains redelegations to the Departmental 
Enforcement Center within the Office of General Counsel.
    Section D contains redelegations from the General Counsel, in his 
or her capacity as the Designated Agency Ethics Official, to the Deputy 
General Counsel for Operations when acting as the Alternate Designated 
Agency Ethics Official. The Secretary previously named the General 
Counsel as HUD's Designated Agency Ethics Official (DAEO) and 
authorized the DAEO to waive any provisions in 5 CFR part 7501 
(Supplemental Standards of Conduct for Employees of the Department of 
Housing and Urban Development). See 5 CFR 7501.102 and 5 CFR 7501.103. 
The Secretary has also named the Deputy General Counsel for Operations 
as the Alternate Designated Agency Ethics Official to act in the 
absence of the DAEO. See 5 CFR 7501.102. Pursuant to the provisions of 
5 CFR 2638.204, a DAEO may redelegate to one or more ethics officials 
all duties of the DAEO under 5 CFR 2638.203, except those functions in 
5 CFR 2634.605(c)(2) and 5 CFR 2638.203(b)(3). In this notice, the DAEO 
delegates to the Alternate DAEO the authority to perform all the 
functions of the DAEO under 5 CFR 2638.203 concurrently with the DAEO, 
except those functions described in 5 CFR 2634.605(c)(2) and 5 CFR 
2638.203(b)(3). In the consolidated delegation of authority from the 
Secretary to the General Counsel, the Secretary delegated the authority 
to the DAEO to redelegate authority to the Alternate DAEO to perform 
the waiver function of the DAEO in 5 CFR part 7501 concurrently with 
the DAEO. In this notice, the DAEO redelegates the authority to the 
Alternate DAEO to perform the waiver function of the DAEO in 5 CFR part 
7501 concurrently with the DAEO.
    Section E of this notice redelegates Regional Counsel settlement 
authority, which is detailed in the Litigation Handbook and its 
appendices, i.e., HUD Handbook 1530.1 REV-5. First, for Federal Party 
Litigation, i.e., when HUD is a party, the Regional Counsel may now 
recommend to the U.S. Department of Justice (DOJ) whether to approve 
Routine Settlements of all cases that they are handling except where 
the settlement involves more than $1 million. See Litigation Handbook, 
] 2-3(g)(1)(a). This notice increases that amount to $2 million. 
Second, for Non-Federal Party Litigation, i.e., when HUD has an 
interest but is not a party, the Litigation Handbook now authorizes the 
Regional Counsel to approve Routine Settlements not exceeding $500,000 
without the concurrence of the Program Associate General Counsel. See 
Litigation Handbook, ]] 2-3(g)(2), 3-3(b)(5). This notice increases 
that amount to $1 million. This notice does not alter any other 
requirement or guideline in the Litigation Handbook.
    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, 
except where specifically stated in Section E.

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.

[[Page 42465]]

    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, 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 
Counsel and to specific positions identified below 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 
Associate Regional Counsel for Housing Finance and Programs within 
their operating jurisdictions.
    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, 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 the 
Assistant General Counsel for Fair Housing Compliance.
    4. To the Associate General Counsel for Fair Housing and to 
Regional Counsel, the authority to process cases arising under Title VI 
of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act 
of 1973, Section 109 of the Housing and Community Development Act of 
1974, and the Age Discrimination Act of 1975, as set forth in 24 CFR 
part 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 Compliance and the 
Assistant General Counsel for Fair Housing Enforcement.
    5. 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 and the Assistant General Counsel for Fair Housing 
Compliance.
    6. 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.
    7. To the Associate General Counsel for Ethics and Personnel Law 
and the Regional Counsel 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.
    8. 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.
    9. To the Senior Counsel for Appeals, the Associate General Counsel 
for Ethics and Personnel Law, the Associate General Counsel for Finance 
and Administrative Law, and the Regional 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 
Counsel, 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.

[[Page 42466]]

    10. 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 and 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.
    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 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. This authority may be 
redelegated to the Deputy Regional Counsel with the approval of the 
General Counsel.
    12. 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.
    13. 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. This authority 
may be redelegated by the Deputy Regional Counsel for Region I (Boston, 
MA).
    14. To Regional Counsel, the authority to concur on the issuance 
and settlement of limited denials of participation (LDPs) issued by HUD 
program officials pursuant to 2 CFR part 2424.
    15. 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 Associate Regional Counsel for Housing Finance and 
Programs.

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, Rental Assistance 
Payment contract, Project Rental Assistance Contract or Use Agreement, 
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 entered 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.
    7. The authority to issue suspensions, debarments, and limited 
denials of participation, under 2 CFR part 2424.

Section D. Authority Redelegated to the Alternate Designated Agency 
Ethics Official

    The General Counsel, acting as the Designated Agency Ethics 
Official (DAEO), hereby retains and redelegates the following 
authorities to the Deputy General Counsel for Operations when acting as 
the Alternate Designated Agency Ethics Official. This authority may not 
be further redelegated.
    1. To perform all the functions of the DAEO under 5 CFR 2638.203 
concurrently with the DAEO, except those functions described in 5 CFR 
2634.605(c)(2) and 5 CFR 2638.203(b)(3).
    2. To perform the waiver function of the DAEO in 5 CFR part 7501 
concurrently with the DAEO.

Section E. Settlement Authority Redelegated to the Regional Counsel

    The General Counsel hereby retains and redelegates the following 
authority to the Regional Counsel. This authority may not be further 
redelegated.
    1. To recommend whether DOJ should approve Routine Settlements of 
all Federal Party Litigation that they are handling except where the 
settlement involves more than $2 million.
    2. Except where the settlement involves more than $1 million, to 
approve Routine Settlement of Non-Federal Party Litigation without the 
concurrence of the Program Associate General Counsel.
    The settlement authority granted in this section does not supersede 
the requirements or guidelines in the Litigation Handbook, except in 
respect to the dollar amount increases.

Section F. Authority Superseded

    This delegation supersedes all previous delegations of authority 
from the General Counsel to subordinate positions within the Office of 
General

[[Page 42467]]

Counsel, but specifically do not revoke the divisions of responsibility 
set forth in the Office of General Counsel Litigation Handbook and its 
appendices, except where specifically stated in Section E.

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

    Dated: July 9, 2011.
Helen R. Kanovsky,
General Counsel.
[FR Doc. 2011-18017 Filed 7-15-11; 8:45 am]
BILLING CODE 4210-67-P