Notices. Notice of a Modified or Altered System of Records (SOR)

31,259 words·~142 min read·/register/2006/10/12/06-8632

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4151-05-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services Privacy Act of 1974; Report of a Modified or Altered System of Records AGENCY: Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS). ACTION: Notice of a Modified or Altered System of Records (SOR). SUMMARY: In accordance with the Privacy Act of 1974, we are proposing to modify or alter an existing SOR, “Medicare Managed Care Beneficiary Reconsideration (RECON) System,” System No. 09-70-4003, last published at 67 **Federal Register** 48179 (July 23, 2002).

We propose to assign a new CMS identification number to this system to simplify the obsolete and confusing numbering system originally designed to identify the Bureau, Office, or Center within CMS that maintained the system of records. The new assigned identifying number for this system should read: System No. 09-70-0533. We propose to modify existing routine use number 1 that permits disclosure to agency contractors and consultants to include disclosure to CMS grantees who perform a task for the agency.

CMS grantees, charged with completing projects or activities that require CMS data to carry out that activity, are classified separate from CMS contractors and/or consultants. The modified routine use will remain as routine use number 1. We will delete routine use number 5 authorizing disclosure to support constituent requests made to a congressional representative. If an authorization for the disclosure has been obtained from the data subject, then no routine use is needed. The Privacy Act allows for disclosures with the “prior written consent” of the data subject.

We will broaden the scope of routine uses number 7 and 8, authorizing disclosures to combat fraud and abuse in the Medicare and Medicaid programs to include combating “waste” which refers to specific beneficiary/recipient practices that result in unnecessary cost to all Federally-funded health benefit programs We are modifying the language in the remaining routine uses to provide a proper explanation as to the need for the routine use and to provide clarity to CMS' intention to disclose individual-specific information contained in this system.

The routine uses will then be prioritized and reordered according to their usage. We will also take the opportunity to update any sections of the system that were affected by the recent reorganization or the Medicare Prescription Drug, Improvement, and Modernization Act of 2003

(MMA)(Public Law 108-173) provisions and to update language in the administrative sections to correspond with language used in other CMS SORs. The primary purpose of this modified system is to collect and maintain information necessary to process requests for reconsideration of service requests or claims by or on behalf of Medicare managed care enrollees, promote the effectiveness and integrity of the Medicare managed care program, and reply to future correspondence related to the case. The information retrieved from this system of records will also be disclosed to:

(1)Support regulatory, reimbursement, and policy functions performed within the agency or by a contractor or consultant;

(2)assist another Federal or state agency;

(3)assist third party contacts;

(4)assist Quality Improvement Organizations;

(5)support litigation involving the agency; and

(6)combat fraud, waste, and abuse in Federally-funded health benefit programs. We have provided background information about the modified system in the SUPPLEMENTARY INFORMATION section below. Although the Privacy Act requires only that CMS provide an opportunity for interested persons to comment on the modified or altered routine uses, CMS invites comments on all portions of this notice. See “Effective Dates” section for comment period. DATES: *Effective Date:* CMS filed a modified or altered SOR report with the Chair of the House Committee on Government Reform and Oversight, the Chair of the Senate Committee on Homeland Security & Governmental Affairs, and the Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget

(OMB)on October 5, 2006. To ensure that all parties have adequate time in which to comment, the new system will become effective 30 days from the publication of the notice, or 40 days from the date it was submitted to OMB and the Congress, whichever is later. We may defer implementation of this system or one or more of the routine use statements listed below if we receive comments that persuade us to defer implementation. ADDRESSES: The public should address comments to the CMS Privacy Officer, Division of Privacy Compliance, Enterprise Architecture and Strategy Group, Office of Information Services, Mail Stop N2-04-27, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. Comments received will be available for review at this location, by appointment, during regular business hours, Monday through Friday from 9 a.m.-3 p.m., eastern daylight time. FOR FURTHER INFORMATION CONTACT: Beverly Sgroi, Health Insurance Specialist, Division of Appeals Policy, Medicare Enrollment & Appeals Group, Center for Beneficiary Choices, CMS, Mail Stop C2-12-16, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. She can also be reached by telephone at 410-786-7638, or via e-mail at *Beverly.Sgroi@cms.hhs.gov.* SUPPLEMENTARY INFORMATION: In 1988, CMS established a SOR under the authority of § 1874 of the Social Security Act (the Act) (Title 42 United States Code (U.S.C.) section 1395mm). Notice of this system, RECON, was published in the **Federal Register**

(FR)53 FR 35914 (September 15, 1988), a routine use was added for the Social Security Administration at 61 FR 6645 (February 21, 1996), three new fraud and abuse routine uses were added at 63 FR 38414 (July 16, 1998), two fraud and abuse routine uses were revised and a third deleted at 65 FR 50552 (August 18, 2000), and the name and security classification were changed as well as deleting a routine use for the state insurance administrator at 67 FR 48179 (July 23, 2002). I. Description of the Modified or Altered System of Records A. Statutory and Regulatory Basis for SOR Authority for maintenance of the system is given under §§ 1852, and 1876 of the Social Security Act (Title 42 U.S.C. 1395w-22, and 1395mm). B. Collection and Maintenance of Data in the System RECON contains information concerning Medicare beneficiaries who have been enrolled in a managed care program and who have requested an appeal by CMS, or any person who acts on behalf of these beneficiaries. Information in this system includes, but is not limited to, name, address, social security number, health insurance claim number, health insurance plan name and address, health insurance plan number, medical records and statement of fact, service request/claims data, date of service request/claim received by the health plan, dates of service, beneficiary enrollment form and disenrollment form, verification of enrollment status, date reconsideration request submitted to CMS, and dates of determination by plan and CMS. II. Agency Policies, Procedures, and Restrictions on the Routine Use A. Agency Policies, Procedures, and Restrictions on the Routine Use The Privacy Act permits us to disclose information without an individual's consent if the information is to be used for a purpose that is compatible with the purpose(s) for which the information was collected. Any such disclosure of data is known as a “routine use.” The government will only release RECON information that can be associated with an individual as provided for under “Section III. Proposed Routine Use Disclosures of Data in the System.” Both identifiable and non-identifiable data may be disclosed under a routine use. We will only collect the minimum personal data necessary to achieve the purpose of RECON. CMS has the following policies and procedures concerning disclosures of information that will be maintained in the system. Disclosure of information from this system will be approved only to the extent necessary to accomplish the purpose of the disclosure and only after CMS: 1. Determines that the use or disclosure is consistent with the reason that the data is being collected, e.g., to collect and maintain information necessary to process requests for reconsideration of service requests or claims by or on behalf of Medicare managed care enrollees, promote the effectiveness and integrity of the Medicare managed care program, and reply to future correspondence related to the case. 2. Determines that: a. the purpose for which the disclosure is to be made can only be accomplished if the record is provided in individually identifiable form; b. the purpose for which the disclosure is to be made is of sufficient importance to warrant the effect and/or risk on the privacy of the individual that additional exposure of the record might bring; and c. there is a strong probability that the proposed use of the data would in fact accomplish the stated purpose(s). 3. Requires the information recipient to: a. establish administrative, technical, and physical safeguards to prevent unauthorized use of disclosure of the record; b. remove or destroy at the earliest time all patient-identifiable information; and c. agree to not use or disclose the information for any purpose other than the stated purpose under which the information was disclosed. 4. Determines that the data are valid and reliable. III. Proposed Routine Use Disclosures of Data in the System A. The Privacy Act allows us to disclose information without an individual's consent if the information is to be used for a purpose that is compatible with the purpose(s) for which the information was collected. Any such compatible use of data is known as a “routine use.” The proposed routine uses in this system meet the compatibility requirement of the Privacy Act. We are proposing to establish the following routine use disclosures of information maintained in the system: 1. To support agency contractors, consultants, or a grantee of a CMS-administered grant program, who have been engaged by the agency to assist in the accomplishment of a CMS function relating to the purposes for this system and who need to have access to the records in order to assist CMS. We contemplate disclosing this information under this routine use only in situations in which CMS may enter into a contractual or similar agreement with a third party to assist in accomplishing a CMS function relating to purposes for this system. CMS occasionally contracts out certain of its functions when doing so would contribute to effective and efficient operations. CMS must be able to give a contractor, consultant or grantee whatever information is necessary for the contractor, consultant or grantee to fulfill its duties. In these situations, safeguards are provided in the contract prohibiting the contractor, consultant or grantee from using or disclosing the information for any purpose other than that described in the contract and requires the contractor, consultant or grantee to return or destroy all information at the completion of the contract. 2. To another Federal or state agency to: a. contribute to the accuracy of CMS' proper payment of Medicare benefits, b. enable such agency to administer a Federal health benefits program, or as necessary to enable such agency to fulfill a requirement of a Federal statute or regulation that implements a health benefits program funded in whole or in part with Federal funds, and/or c. assist Federal/state Medicaid programs within the state. Other Federal or state agencies in their administration of a Federal health program may require RECON information in order to support evaluations and monitoring of Medicare claims information of beneficiaries, including proper reimbursement for services provided. In addition, other state agencies in their administration of a Federal health program may require RECON information for the purposes of determining, evaluating and/or assessing cost, effectiveness, and/or the quality of health care services provided in the state. SSA requires RECON data to enable them to assist in the implementation and maintenance of the Medicare program. State Insurance Commissioners or other state regulators with similar authority acting in a manner consistent with maintaining the integrity of the Medicare program may require RECON data to assist in accomplishing their activities. 3. To assist a third party contact in situations where the party to be contacted has, or is expected to have information relating to the individual's capacity to manage his or her affairs or to his or her eligibility for, or an entitlement to, benefits under the Medicare program. a. The individual is unable to provide the information being sought (an individual is considered to be unable to provide certain types of information when any of the following conditions exist: the individual is confined to a mental institution, a court of competent jurisdiction has appointed a guardian to manage the affairs of that individual, a court of competent jurisdiction has declared the individual to be mentally incompetent, or the individual's attending physician has certified that the individual is not sufficiently mentally competent to manage his or her own affairs or to provide the information being sought, the individual cannot read or write, cannot afford the cost of obtaining the information, a language barrier exists, or the custodian of the information will not, as a matter of policy, provide it to the individual), or b. The data are needed to establish the validity of evidence or to verify the accuracy of information presented by the individual, and it concerns one or more of the following: The individual's entitlement to benefits under the Medicare program, the amount of reimbursement, or any case in which the evidence is being reviewed as a result of suspected fraud and abuse, program integrity, quality appraisal, or evaluation and measurement of activities. Third party contacts require RECON information in order to provide support for the individual's entitlement to benefits under the Medicare program, to establish the validity of evidence or to verify the accuracy of information presented by the individual, and assist in the monitoring of Medicare claims information of beneficiaries, including proper reimbursement of services provided. 4. To support Quality Improvement Organizations

(QIO)in order to assist the QIO to perform Title XI and Title XVIII functions relating to assessing and improving quality of care. The QIO will work to implement quality improvement programs, provide consultation to CMS, its contractors, and to state agencies. The QIO will assist state agencies in related monitoring and enforcement efforts, assist CMS and intermediaries in program integrity assessment, and prepare summary information for release to CMS. 5. To assist the Department of Justice (DOJ), court or adjudicatory body when: a. the agency or any component thereof, or b. any employee of the agency in his or her official capacity, or c. any employee of the agency in his or her individual capacity where the DOJ has agreed to represent the employee, or d. the United States Government is a party to litigation or has an interest in such litigation, and by careful review, CMS determines that the records are both relevant and necessary to the litigation and that the use of such records by the DOJ, court or adjudicatory body is compatible with the purpose for which the agency collected the records. Whenever CMS is involved in litigation, and occasionally when another party is involved in litigation and CMS's policies or operations could be affected by the outcome of the litigation, CMS would be able to disclose information to the DOJ, court or adjudicatory body involved. 6. To assist a CMS contractor (including, but not necessarily limited to fiscal intermediaries and carriers) that assists in the administration of a CMS-administered health benefits program, or to a grantee of a CMS-administered grant program, when disclosure is deemed reasonably necessary by CMS to prevent, deter, discover, detect, investigate, examine, prosecute, sue with respect to, defend against, correct, remedy, or otherwise combat fraud, waste, or abuse in such program. We contemplate disclosing information under this routine use only in situations in which CMS may enter into a contractual relationship or grant with a third party to assist in accomplishing CMS functions relating to the purpose of combating fraud, waste, and abuse. CMS occasionally contracts out certain of its functions and makes grants when doing so would contribute to effective and efficient operations. CMS must be able to give a contractor or grantee whatever information is necessary for the contractor or grantee to fulfill its duties. In these situations, safeguards are provided in the contract prohibiting the contractor or grantee from using or disclosing the information for any purpose other than that described in the contract and requiring the contractor or grantee to return or destroy all information. 7. To assist another Federal agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States (including any State or local governmental agency), that administers, or that has the authority to investigate potential fraud, waste, or abuse in, a health benefits program funded in whole or in part by Federal funds, when disclosure is deemed reasonably necessary by CMS to prevent, deter, discover, detect, investigate, examine, prosecute, sue with respect to, defend against, correct, remedy, or otherwise combat fraud, waste, or abuse in such programs. Other agencies may require RECON information for the purpose of combating fraud, waste, and abuse in such Federally-funded programs. B. Additional Provisions Affecting Routine Use Disclosures To the extent this system contains Protected Health Information

(a)(1)). In addition, our policy will be to prohibit release even of data not directly identifiable, except pursuant to one of the routine uses or if required by law, if we determine there is a possibility that an individual can be identified through implicit deduction based on small cell sizes (instances where the patient population is so small that an individual could, because of the small size, use this information to deduce the identity of the beneficiary). IV. Safeguards CMS has safeguards in place for authorized users and monitors such users to ensure against excessive or unauthorized use. Personnel having access to the system have been trained in the Privacy Act and information security requirements. Employees who maintain records in this system are instructed not to release data until the intended recipient agrees to implement appropriate management, operational and technical safeguards sufficient to protect the confidentiality, integrity and availability of the information and information systems and to prevent unauthorized access. This system will conform to all applicable Federal laws and regulations and Federal, HHS, and CMS policies and standards as they relate to information security and data privacy. These laws and regulations may apply but are not limited to: the Privacy Act of 1974; the Federal Information Security Management Act of 2002; the Computer Fraud and Abuse Act of 1986; the Health Insurance Portability and Accountability Act of 1996; the E-Government Act of 2002, the Clinger-Cohen Act of 1996; the Medicare Modernization Act of 2003, and the corresponding implementing regulations. OMB Circular A-130, Management of Federal Resources, Appendix III, Security of Federal Automated Information Resources also applies. Federal, HHS, and CMS policies and standards include but are not limited to: all pertinent National Institute of Standards and Technology publications; the HHS Information Systems Program Handbook and the CMS Information Security Handbook. V. Effects of the Modified System of Records on Individual Rights CMS proposes to modify this system in accordance with the principles and requirements of the Privacy Act and will collect, use, and disseminate information only as prescribed therein. Data in this system will be subject to the authorized releases in accordance with the routine uses identified in this system of records. CMS will take precautionary measures to minimize the risks of unauthorized access to the records and the potential harm to individual privacy or other personal or property rights of patients whose data are maintained in the system. CMS will collect only that information necessary to perform the system's functions. In addition, CMS will make disclosure from the proposed system only with consent of the subject individual, or his/her legal representative, or in accordance with an applicable exception provision of the Privacy Act. CMS, therefore, does not anticipate an unfavorable effect on individual privacy as a result of information relating to individuals. Dated: October 4, 2006. Charlene Frizzera, Acting Chief Operating Officer, Centers for Medicare & Medicaid Services. SYSTEM NO. 09-70-0533 SYSTEM NAME: “Medicare Managed Care Beneficiary Reconsideration (RECON) System,” HHS/CMS/CBC. SECURITY CLASSIFICATION: Level Three Privacy Act Sensitive Data. SYSTEM LOCATION: The Centers for Medicare & Medicaid Services

(CMS)Data Center, 7500 Security Boulevard, North Building, First Floor, Baltimore, Maryland 21244-1850 and at various contractor sites and at CMS Regional Offices. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: RECON contains information concerning Medicare beneficiaries who have been enrolled in a managed care program and who have requested an appeal by CMS, or any person who acts on behalf of these beneficiaries. CATEGORIES OF RECORDS IN THE SYSTEM: Information in this system includes, but is not limited to, name, address, social security number (SSN), health insurance claim number (HICN), health insurance plan name and address, health insurance plan number, medical records and statement of fact, service request/claims data, date of service request/claim received by the health plan, dates of service, beneficiary enrollment form and disenrollment form, verification of enrollment status, date reconsideration request submitted to CMS, and dates of determination by plan and CMS. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Authority for maintenance of the system is given under §§ 1852, and 1876 of the Social Security Act (Title 42 U.S.C. 1395w-22, and 1395mm). PURPOSE(S) OF THE SYSTEM: The primary purpose of this modified system is to collect and maintain information necessary to process requests for reconsideration of service requests or claims by or on behalf of Medicare managed care enrollees, promote the effectiveness and integrity of the Medicare managed care program, and reply to future correspondence related to the case. The information retrieved from this system of records will also be disclosed to:

(1)Support regulatory, reimbursement, and policy functions performed within the agency or by a contractor or consultant;

(2)assist another Federal or state agency;

(3)assist third party contacts;

(4)assist Quality Improvement Organizations;

(5)support litigation involving the agency; and

(6)combat fraud, waste, and abuse in Federally-funded health benefit programs. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OR USERS AND THE PURPOSES OF SUCH USES: A. The Privacy Act allows us to disclose information without an individual's consent if the information is to be used for a purpose that is compatible with the purpose(s) for which the information was collected. Any such compatible use of data is known as a “routine use.” The proposed routine uses in this system meet the compatibility requirement of the Privacy Act. We are proposing to establish the following routine use disclosures of information maintained in the system: 1. To support agency contractors, consultants, or a grantee of a CMS-administered grant program, who have been engaged by the agency to assist in the accomplishment of a CMS function relating to the purposes for this system and who need to have access to the records in order to assist CMS. 2. To assist another Federal and/or state agency to: a. contribute to the accuracy of CMS' proper payment of Medicare benefits, b. enable such agency to administer a Federal health benefits program, or as necessary to enable such agency to fulfill a requirement of a Federal statute or regulation that implements a health benefits program funded in whole or in part with Federal funds, and/or c. assist Federal/state Medicaid programs within the state. 3. To assist a third party contact in situations where the party to be contacted has, or is expected to have information relating to the individual's capacity to manage his or her affairs or to his or her eligibility for, or an entitlement to, benefits under the Medicare program. a. The individual is unable to provide the information being sought (an individual is considered to be unable to provide certain types of information when any of the following conditions exist: the individual is confined to a mental institution, a court of competent jurisdiction has appointed a guardian to manage the affairs of that individual, a court of competent jurisdiction has declared the individual to be mentally incompetent, or the individual's attending physician has certified that the individual is not sufficiently mentally competent to manage his or her own affairs or to provide the information being sought, the individual cannot read or write, cannot afford the cost of obtaining the information, a language barrier exists, or the custodian of the information will not, as a matter of policy, provide it to the individual), or b. The data are needed to establish the validity of evidence or to verify the accuracy of information presented by the individual, and it concerns one or more of the following: The individual's entitlement to benefits under the Medicare program, the amount of reimbursement, or any case in which the evidence is being reviewed as a result of suspected fraud and abuse, program integrity, quality appraisal, or evaluation and measurement of activities. 4. To assist Quality Improvement Organizations

(QIO)in order to assist the QIO to perform Title XI and Title XVIII functions relating to assessing and improving quality of care. 5. To support the Department of Justice (DOJ), court or adjudicatory body when: a. the agency or any component thereof, or b. any employee of the agency in his or her official capacity, or c. any employee of the agency in his or her individual capacity where the DOJ has agreed to represent the employee, or d. the United States Government is a party to litigation or has an interest in such litigation, and by careful review, CMS determines that the records are both relevant and necessary to the litigation and that the use of such records by the DOJ, court or adjudicatory body is compatible with the purpose for which the agency collected the records. 6. To assist a CMS contractor (including, but not necessarily limited to fiscal intermediaries and carriers) that assists in the administration of a CMS-administered health benefits program, or to a grantee of a CMS-administered grant program, when disclosure is deemed reasonably necessary by CMS to prevent, deter, discover, detect, investigate, examine, prosecute, sue with respect to, defend against, correct, remedy, or otherwise combat fraud, waste, or abuse in such program. 7. To assist another Federal agency or an instrumentality of any governmental jurisdiction within or under the control of the United States (including any State or local governmental agency), that administers, or that has the authority to investigate potential fraud, waste, or abuse in, a health benefits program funded in whole or in part by Federal funds, when disclosure is deemed reasonably necessary by CMS to prevent, deter, discover, detect, investigate, examine, prosecute, sue with respect to, defend against, correct, remedy, or otherwise combat fraud, waste, or abuse in such programs. B. Additional Provisions Affecting Routine Use Disclosures. To the extent this system contains Protected Health Information

(PHI)as defined by HHS regulation “Standards for Privacy of Individually Identifiable Health Information” (45 CFR parts 160 and 164, subparts A and E) 65 FR 82462 (12-28-00). Disclosures of such PHI that are otherwise authorized by these routine uses may only be made if, and as, permitted or required by the “Standards for Privacy of Individually Identifiable Health Information.” (See 45 CFR 164-512(a)(1)). In addition, our policy will be to prohibit release even of data not directly identifiable, except pursuant to one of the routine uses or if required by law, if we determine there is a possibility that an individual can be identified through implicit deduction based on small cell sizes (instances where the patient population is so small that an individual could, because of the small size, use this information to deduce the identity of the beneficiary). POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: All records are stored on computer diskette and magnetic media. RETRIEVABILITY: Information can be retrieved by the name, SSN, and/or HICN of claimant. SAFEGUARDS: CMS has safeguards in place for authorized users and monitors such users to ensure against excessive or unauthorized use. Personnel having access to the system have been trained in the Privacy Act and information security requirements. Employees who maintain records in this system are instructed not to release data until the intended recipient agrees to implement appropriate management, operational and technical safeguards sufficient to protect the confidentiality, integrity and availability of the information and information systems and to prevent unauthorized access. This system will conform to all applicable Federal laws and regulations and Federal, HHS, and CMS policies and standards as they relate to information security and data privacy. These laws and regulations may apply but are not limited to: the Privacy Act of 1974; the Federal Information Security Management Act of 2002; the Computer Fraud and Abuse Act of 1986; the Health Insurance Portability and Accountability Act of 1996; the E-Government Act of 2002, the Clinger-Cohen Act of 1996; the Medicare Modernization Act of 2003, and the corresponding implementing regulations. OMB Circular A-130, Management of Federal Resources, Appendix III, Security of Federal Automated Information Resources also applies. Federal, HHS, and CMS policies and standards include but are not limited to: all pertinent National Institute of Standards and Technology publications; the HHS Information Systems Program Handbook and the CMS Information Security Handbook. RETENTION AND DISPOSAL: CMS will transfer to and maintain in an archival file for a total period not to exceed 7 years. All claims-related records are encompassed by the document preservation order and will be retained until notification is received from DOJ. SYSTEM MANAGER(S) AND ADDRESS: Director, Division of Appeals Policy, Medicare Enrollment & Appeals Group, Center for Beneficiary Choices, CMS, Mail Stop C2-12-16, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. NOTIFICATION PROCEDURE: For purpose of access, the subject individual should write to the system manager who will require the system name, HICN, address, date of birth, and gender, and for verification purposes, the subject individual's name (woman's maiden name, if applicable), and SSN. Furnishing the SSN is voluntary, but it may make searching for a record easier and prevent delay. RECORD ACCESS PROCEDURE: For purpose of access, use the same procedures outlined in Notification Procedures above. Requestors should also specify the record contents being sought. (These procedures are in accordance with department regulation 45 CFR 5b.5(a)(2)). CONTESTING RECORDS PROCEDURES: The subject individual should contact the system manager named above, and reasonably identify the records and specify the information to be contested. State the corrective action sought and the reasons for the correction with supporting justification. (These Procedures are in accordance with Department regulation 45 CFR 5b.7). RECORDS SOURCE CATEGORIES: Sources on information contained in this records system is obtained from the reconsideration requests made by or on behalf of Medicare beneficiaries and from inquiries from congressional offices, health plans, providers, state insurance commissioners, state regulators, disenrollment surveys, Medicare carriers or intermediaries, and QIO records. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. [FR Doc. E6-16852 Filed 10-11-06; 8:45 am] BILLING CODE 4120-03-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2006N-0130] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Food Labeling; Trans Fatty Acids in Nutrition Labeling AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration

(FDA)is announcing that a proposed collection of information has been submitted to the Office of Management and Budget

(OMB)for review and clearance under the Paperwork Reduction Act of 1995. DATES: Fax written comments on the collection of information by November 13, 2006. ADDRESSES: To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, FAX: 202-395-6974. FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of Management Programs (HFA-250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-4659. SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance. Food Labeling; Trans Fatty Acids in Nutrition Labeling—21 CFR 101.9(C)(2)(ii) and 101.36(b)(2) (OMB Control Number 0910-0515)—Extension Section 403(q) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 343(q)) establishes the requirements for nutrition labeling of foods. In particular, section 403(q)(1)(A) and 403(q)(1)(B) require that the label or labeling of a food bear nutrition information on the amount of nutrients present in a product. Section 403(q)(2) of the act permits FDA to require information about nutrients not specified in section 403(q)(1) if that additional information will assist consumers in maintaining healthy dietary practices. Section 403(q)(5)(F) of the act specifies the nutrition information that must be on the label or labeling of dietary supplements. Under these provisions of the act, FDA issued regulations in § 101.9(c)(2) (21 CFR 101.9(c)(2)) that require information on the amounts of fat and certain fatty acids in food products to be disclosed in the Nutrition Facts panel. Similarly, FDA issued regulations in § 101.36(b) (21 CFR 101.36(b)) that specify the nutrition information that must be on the label or labeling of dietary supplements. In particular, §§ 101.9(c)(2)(ii) and 101.36(b)(2) require that the amount of trans fatty acids present in a food, including dietary supplements, must be declared on the nutrition label of conventional foods, and for dietary supplements, on a separate line immediately under the line for the declaration of saturated fat. Respondents are expected to be persons and businesses, including small businesses. In the **Federal Register** of April 11, 2006 (71 FR 18338), FDA published a 60-day notice requesting public comment on the information collection provisions. One comment was received but unrelated to the information collection. FDA estimates the burden of this collection of information as follows: **Table 1.—Estimated Annual Reporting Burden** 1 21 CFR Section No. of Respondents Annual Frequency per Response Total Annual Responses Hours per Respondent Total Hours Total Operating Costs 101.9(c)(2)(ii) 10,490 27 278,100 2 556,200 $155,200 101.36(b)(2) 910 32 29,500 2 59,000 $16,500 Total 615,200 $171,700 1 There are no capital costs or maintenance costs associated with this collection of information. FDA believes that the burden associated with the disclosure of trans fatty acid information on labels or in labeling food and dietary supplement products is largely a one-time burden created by the need for firms to revise the labels for those existing products that contain trans fatty acids. FDA estimated that there were approximately 10,490 firms producing food products and 910 firms producing dietary supplement products that, because they contain trans fatty acids, were affected by §§ 101.9 and 101.36. The agency estimated that these firms needed to revise approximately 278,100 food labels and 29,500 dietary supplement labels, although only about 25 percent of these label changes would have to be made earlier than the firms planned. Because these firms were already disclosing information on total fat, saturated fat, and other significant nutrients on their product labels, based upon its knowledge of food and dietary supplement labeling, FDA estimated that firms would require less than 2 hours per product to comply with the nutrition labeling requirements of §§ 101.9 and 101.36. Multiplying the total number of responses by the hours per response gives the total hours. FDA estimated operating costs by combining testing and relabeling costs ($44.9 million + $126.8 million). This total was then apportioned between §§ 101.9 and 101.36 according to the proportion of responses for each section. Based on the labeling cost model, FDA expected that, with a compliance period of over 2 years, 75 percent of firms will coordinate labeling revisions required by the trans fat final rule with other planned labeling changes for their products. Dated: October 5, 2006. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E6-16840 Filed 10-11-06; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 1998D-0777] (formerly Docket No. 98D-0777) Guidance for Industry on Investigating Out-of-Specification Test Results for Pharmaceutical Production; Availability AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration

(FDA)is announcing the availability of a guidance for industry entitled “Investigating Out-of-Specification

(OOS)Test Results for Pharmaceutical Production.” This guidance provides information for the pharmaceutical industry on how to evaluate laboratory test results that fall outside of specification limits. The guidance is intended to provide clear and consistent communication of regulatory expectations and to promote voluntary compliance with current FDA requirements. DATES: Submit written or electronic comments on agency guidances at any time. ADDRESSES: Submit written requests for single copies of this guidance to the Division of Drug Information (HFD-240), Center for Drug Evaluation and Research, Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857. Send one self-addressed adhesive label to assist that office in processing your requests. Submit written comments on the guidance to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to *http://www.fda.gov/dockets/ecomments* . See the SUPPLEMENTARY INFORMATION section for electronic access to the guidance document. FOR FURTHER INFORMATION CONTACT: Paul W. Haynie, Center for Drug Evaluation and Research (HFD-327), Food and Drug Administration, 11919 Rockville Pike, Rockville, MD 20852, 301-827-9020. SUPPLEMENTARY INFORMATION: I. Background FDA is announcing the availability of a guidance for industry entitled “Investigating Out-of-Specification

(OOS)Test Results for Pharmaceutical Production.” This guidance document provides guidance to the pharmaceutical industry on investigation of laboratory results that fall outside of specification limits. The guidance addresses investigations of OOS results in the laboratory phase, including responsibilities of the analyst and supervisor, and when indicated, the expansion of an investigation outside of the laboratory to include production processes, and raw materials as appropriate. This guidance is intended to apply to traditional methods of drug product testing and release, based on testing of discrete samples of in-process materials and finished products. The guidance is not intended to address process analytical technology, as routine in-process use of these methods might include other considerations. The agency, in accordance with its August 2002 “Pharmaceutical CGMPs for the 21st Century” initiative, encourages modern approaches to manufacturing, monitoring, and control to enhance process predictability and efficiency. The use of continuous on-line testing technologies will be addressed in other agency guidance. In the **Federal Register** of September 30, 1998 (63 FR 52276), FDA announced the availability of a draft guidance of the same title and gave interested persons an opportunity to submit comments by November 30, 1998. The agency received public comments from a broad spectrum of the pharmaceutical industry. In response to comments received on the draft guidance, the agency made the following changes:

(1)Revised the scope and background sections to clarify the applicability of the document,

(2)reorganized the sections on investigating OOS results, averaging, and concluding the investigation, and

(3)clarified or added more specific guidance on certain issues. This guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The guidance represents the agency's current thinking on investigating OOS test results for pharmaceutical production. It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the requirements of the applicable statutes and regulations. II. Comments Interested persons may submit to the Division of Dockets Management (see ADDRESSES ) written or electronic comments regarding this document. Submit a single copy of electronic comments or two paper copies of any mailed comments, except that individuals may submit one paper copy. Comments are to be identified with the docket number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. III. Electronic Access Persons with access to the Internet may obtain the document at either *http://www.fda.gov/cder/guidance/index.htm* or *http://www.fda.gov/ohrms/dockets/default.htm* . Dated: October 3, 2006. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E6-16838 Filed 10-11-06; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Genes and Environment Initiative (GEI)—Exposure Biology Program; GEI—Exposure Biology RFA Application Information Meeting AGENCY: National Institute of Environmental Health Sciences (NIEHS), National Institutes of Health (NIH), DHHS. ACTION: Notice. SUMMARY: An Application Information Meeting, hosted by the National Institute of Environmental Health Sciences (NIEHS), the National Cancer Institute (NCI), the National Heart, Lung, and Blood Institute (NHLBI), and the National Institute on Drug Abuse (NIDA), will be held on October 20, 2006, on the NIEHS campus in Research Triangle Park, North Carolina. The meeting will include an overview of the Exposure Biology Program, presentations on the five funding opportunities, an overview of the cooperative agreement mechanism and Grants Management and Review issues, and a question and answer session addressing RFA-related questions. DATES: October 20, 2006. ADDRESSES: The GEI-Exposure Biology Program RFA Application Information meeting will be held at the National Institute of Environmental Health Sciences, 111 TW Alexander Drive, Research Triangle Park, North Carolina [Rall Building (Building 101), Rodbell B]. Information on the meeting will be posted on the GEI-Exposure Biology Web site at *http://www.gei.nih.gov/exposurebiology/index.asp.* FOR FURTHER INFORMATION CONTACT: Anne Thompson, NIEHS, P.O. Box 12233, MD B2-01, Research Triangle Park, NC 27709; telephone: 919-316-4517, or e-mail: *thomps13@niehs.nih.gov.* SUPPLEMENTARY INFORMATION: Preliminary Agenda GEI-Exposure Biology RFA Application Information Meeting, October 20, 2006, National Institute of Environmental Health Sciences, Rall Building (Bldg. 101), Rodbell B, 111 TW Alexander Drive, Research Triangle Park, NC 27709. 1-1:20 p.m. Exposure Biology Program Overview—Brenda Weis (NIEHS). 1:20-1:50 p.m. Biological Response Indicators of Environmental Stress RFAs (U01 and U54)—Sally Tinkle (NIEHS). 1:50-2:10 p.m. Environmental Sensors for Personal Exposure Assessment RFA (U01)—David Balshaw (NIEHS). 2:10-2:30 p.m. Improved Measures of Diet and Physical Activity RFA (U01)—Amy Subar/Cay Loria (NCI/NHLBI). 2:30-2:50 p.m. Field-Deployable Tools for Quantifying Exposures to Psychosocial Stress and to Addictive Substances for Studies of Health and Disease RFA (U01)—Kay Wanke/Kevin Conway (NIDA). 2:50-3:10 p.m. Overview of the “U” Mechanism and the Review and Grants Management Process—Gwen Collman (NIEHS). 3:10-3:25 p.m. General Open Discussion and Questions—Everyone. 3:25-3:35 p.m. Break to One-on-One Sessions. 3:35-4 p.m. One-on-One Session—General Q&A. 4-5:30 p.m. One-on-One Session—Individual Q&A. Attendance, Registration, and Remote Access The meeting is being held on October 20, 2006, from 1-5:30 p.m. Individuals who plan on attending either in person or by videocast should register on the GEI-Exposure Biology Web site at *http://fmp-8.cit.nih.gov/gei/register.html.* A map of the NIEHS campus, including visitor parking, is available at *http://www.niehs.nih.gov/external/contact.htm.* Please note that a photo ID is required to access the NIEHS campus. Individuals with disabilities, who need Sign Language Interpreters and/or reasonable accommodation to participate in this event, should contact 919-541-2475 voice, 919-541-4644 TTY, through the Federal TTY Relay System at 800-877-8339, or by e-mail: *niehsoeeo@niehs.nih.gov.* Requests should be made at least 5 days in advance of the event. Availability of Meeting Materials Meeting details will be posted on the GEI-Exposure Biology Web site at *http://www.gei.nih.gov/exposurebiology/meetings/appinfo06/.* Following the meeting, a recorded videocast of the meeting will be made available on the Web site. Background Information on the Exposure Biology Program The Genes and Environment Initiative

(GEI)is a four-year, NIH-wide program, which aims to accelerate understanding of genetic and environmental contributions to health and disease. The GEI is comprised of two components—the Genetics Program being led by NHGRI and the Exposure Biology Program being led by NIEHS. The Exposure Biology Program will focus on the development of innovative technologies to measure environmental exposures, diet, physical activity, psychosocial stress, and addictive substances that contribute to the development of disease. The program will support:

(1)Development of environmental sensors for measurement of chemicals, dietary intake, physical activity, and psychosocial stressors and addictive substances;

(2)development of markers of biological response via common pathogenic mechanisms such as oxidative stress, epigenetic modifications, and DNA damage;

(3)integration of biological responses with the development of biosensors; and

(4)application of novel assays and biomarkers to GWA studies of gene-environment interaction. This will be accomplished through the use of five cooperative agreements

(RFAs)led by three NIH Institutes (NIEHS, NIDA, and NCI/NHLBI). Further information on the GEI-Exposure Biology Program can be found on the GEI-Exposure Biology Web site at: *http://www.gei.nih.gov/exposurebiology/index.asp.* Dated: October 4, 2006. David A. Schwartz, Director, National Institute of Environmental Health Sciences, National Institutes of Health. [FR Doc. E6-16858 Filed 10-11-06; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HOMELAND SECURITY Preparedness Directorate; Proposed Collection; Comment Request; FY03 Domestic Preparedness Program—State and Local Survey AGENCY: Preparedness Directorate, National Preparedness Task Force (NPTF), Department of Homeland Security (DHS). ACTION: 60-day notice and request for comments. SUMMARY: The Preparedness Directorate invites the general public and other Federal agencies the opportunity to comment on the reinstatement of a previously approved information collection request

(ICR)OMB 1651-0101 FY03 Domestic Preparedness Program, State and Local Survey. This request for comment is being made pursuant to the Paperwork Reduction Act of 1995, (Pub. L. 104-13, 44 U.S.C. chapter 35) as amended by the Clinger-Cohen Act (Pub. L. 104-106). DATES: Written comments should be received on or before December 11, 2006 to be assured consideration. ADDRESSES: Direct all written comments to the Preparedness Directorate, NPTF, Attn. Sharon Kushnir, 3801 Nebraska Avenue Complex, Building 3, Washington, DC 20528. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to the Preparedness Directorate, NPTF, Attn.: Sharon Kushnir, 3801 Nebraska Avenue Complex, Building 3, Washington, DC 20528, Tel.

(202)282-9680 or by electronic mail (e-mail) to: *Sharon.kushnir@dhs.gov.* SUPPLEMENTARY INFORMATION: The Preparedness Directorate invites the general public and other Federal Agencies to comment on proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995, (Pub. L. 104-13, 44 U.S.C. chapter 35) as amended by the Clinger-Cohen Act (Pub. L. 104-106). Written comments and suggestions from the public and affected agencies concerning the proposed collection of information should address one or more of the following four points:

(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(3)Enhance the quality, utility, and clarity of the information to be collected; and

(4)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submissions of responses. The comments that are submitted will be summarized and included in the request for Office of Management and Budget

(OMB)approval. All comments will become a matter of public record. In this document the Preparedness Directorate is soliciting comments concerning the following information collection: Analysis *Agency:* Preparedness Directorate, National Preparedness Task Force (NPTF), Department of Homeland Security (DHS). *Title:* FY03 Domestic Preparedness Program, State and Local Survey. *Type of Collection:* Reinstatement with change of a previously approved collection. *OMB Number:* 1651-0101. *Frequency:* On occasion. *Affected Public: Primary:* State, Local and Tribal government; Estimated Number of Respondents: 2,059. *Estimated Time Per Respondent:* .33 hours. *Total Burden Hours:* 12,242. *Total Burden Cost:* (capital/startup): $0. *Total Burden Cost:* (operating/maintaining): $0. *Description:* This data collection will allow states to:

(1)Report current jurisdictional needs for equipment, training, exercises and technical assistance;

(2)forecast projected needs for this support and

(3)identify the gaps that exist at the jurisdictional level in equipment, training and technical assistance that NPTF and other Federal agencies in the formulation of domestic preparedness policies and with the development of programs to enhance State and local first responder capabilities. Charlie Church, Chief Information Officer, Preparedness Directorate, Department of Homeland Security. [FR Doc. E6-16919 Filed 10-11-06; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5037-N-70] Notice of Submission of Proposed Information Collection to OMB; Multifamily Contractor's Mortgagor's Cost Breakdowns and Certifications AGENCY: Office of the Chief Information Officer, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. This information is collected from mortgagors and contractors to manage and monitor the process of advancing mortgage proceeds for multifamily mortgages on new or rehabilitated housing. DATES: *Comments Due Date:* November 13, 2006. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2502-0044) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-6974. FOR FURTHER INFORMATION CONTACT: Lillian Deitzer, Departmental Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; e-mail *Lillian_L._Deitzer@HUD.gov* or telephone

(202)708-2374. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Deitzer or from HUD's Web site at *http://hlannwp031.hud.gov/po/i/icbts/collectionsearch.cfm.* SUPPLEMENTARY INFORMATION: This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the information collection described below. This notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to:

(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;

(3)Enhance the quality, utility, and clarity of the information to be collected; and

(4)Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This notice also lists the following information: *Title of Proposal:* Multifamily Contractor's/Mortgagor's Cost Breakdowns and Certifications. *OMB Approval Number:* 2502-0044. *Form Numbers:* HUD-2328, HUD-92330-A, and HUD-2205-A. *Description of the Need for the Information and Its Proposed Use:* This information is collected from mortgagors and contractors to manage and monitor the process of advancing mortgage proceeds for multifamily mortgages on new or rehabilitated housing. *Frequency of Submission:* On occasion, Occurs once during the construction stage of a multifamily project. Number of respondents Annual responses × Hours per response = Burden hours Reporting Burden: 350 1.92 5.45 3,680 *Total Estimated Burden Hours:* 3,680. *Status:* Extension of a currently approved collection. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: October 5, 2006. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E6-16859 Filed 10-11-06; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5037-N-71] Notice of Proposed Information Collection: Comment Request; HUD Initiative for the Removal of Regulatory Barriers AGENCY: Office of Administration, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below will be submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: *Comments due:* December 11, 2006. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Lillian L. Deitzer, Departmental Reports Management Officer, QDAM, Department or Housing and Urban Development, 451 Seventh Street, SW., Room 4176, Washington, DC 20410; telephone: 202-708-2374 (this is not a toll-free number), or e-mail Ms. Deitzer at *Lillian_L._Deitzer@HUD.gov* for a copy of the proposed form and other available information. FOR FURTHER INFORMATION CONTACT: Rita Yorkshire, AJT, Office of Departmental Grants Management and Oversight, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; telephone 202-708-0667 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: The Department will submit the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). This Notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to:

(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;

(3)Enhance the quality, utility, and clarity of the information to be collected; and

(4)Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. This Notice also lists the following information: *Title of Proposal:* HUD Initiative for the Removal of Regulatory Barriers. *OMB Control Number, if applicable:* 2510-0013. *Description of the need for the information and proposed use:* This information is to be submitted by grant applicants to obtain higher rating points based on association with successful efforts to remove regulatory barriers which may impede the production of affordable housing. *Agency form numbers, if applicable:* HUD-27300. *Members of Affected Public:* Business or other for-profit, Not-for-profit institutions, State, Local or Tribal government. *Estimation of the total number of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:* *Frequency of Submission:* On occasion. Number of respondents Annual responses × Hours per response = Burden hours *Reporting Burden* 8,500 1 3 25,500 *Total Estimated Burden Hours:* 25,500. *Status of the proposed information collection:* Extension of a currently approved collection. Authority: Section 3506 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended. Dated: October 6, 2006. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E6-16900 Filed 10-11-06; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5037-N-72] Notice of Proposed Information Collection: Comment Request; Request Voucher for Grant Payment and Line of Credit Control System (LOCCS) Voice Response System Access Authorization AGENCY: Office of the Chief Information Officer, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below will be submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: Comments due: December 11, 2006. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Lillian L. Deitzer, Departmental Reports Management Officer, QDAM, Department or Housing and Urban Development, 451 Seventh Street, SW., Room 4176, Washington, DC 20410; telephone: 202-708-2374, (this is not a toll-free number) or e-mail Ms. Deitzer at *Lillian_L._Deitzer@HUD.gov* for a copy of the proposed form and other available information. SUPPLEMENTARY INFORMATION: The Department will submit the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). This Notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to:

(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;

(3)Enhance the quality, utility, and clarity of the information to be collected; and

(4)Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. This Notice also lists the following information: *Title of Proposal:* Request Voucher for Grant Payment—LOCCS Voice Response Access Authorization. *OMB Control Number, if applicable:* 2535-0102. *Description of the need for the information and proposed use:* Request vouchers are used by recipients to request distribution of grant funds through access to the Department's voice activated payments system. Information collected will be used as a mechanism to safeguard Federal funds and to facilitate the payment of funds to recipients. *Agency form numbers, if applicable:* HUD-27053, HUD 27054. *Members of Affected Public:* Not-for-profit institutions, State, Local or Tribal government. *Estimation of the total number of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:* *Frequency of Submission:* On occasion. *Reporting Burden:* An estimation of the total number of responses annually is 241,176 from 2,000 respondents. The average time per response is 0.27 hours. *Total Estimated Burden Hours:* 41,000. • *Status of the proposed information collection:* Extension of a currently approved collection. Authority: Section 3506 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended. Dated: October 6, 2006. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E6-16902 Filed 10-11-06; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5030-FA-24] Announcement of Funding Awards for Fiscal Year 2006; Tribal Colleges and Universities Program AGENCY: Office of the Assistant Secretary for Policy Development and Research, HUD. ACTION: Announcement of funding awards. SUMMARY: In accordance with section 102 (a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this document notifies the public of funding awards for Fiscal Year

(FY)2006 Tribal Colleges and Universities Program (TCUP). The purpose of this document is to announce the names and addresses of the award winners and the amount of the awards which are to be used to enable tribal colleges and universities to build, expand, renovate, and equip their own facilities, especially those that are available to and used by the larger community. FOR FURTHER INFORMATION CONTACT: Susan Brunson, Office of University Partnerships, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 8106, Washington, DC 20410, telephone

(202)708-3061, ext. 3852. To provide service for persons who are hearing-or-speech-impaired, this number may be reached via TTY by Dialing the Federal Information Relay Service on

(800)877-8339 or

(202)708-1455 (Telephone number, other than “800” TTY numbers are not toll free). SUPPLEMENTARY INFORMATION: The Tribal Colleges and Universities Program was enacted under section 107 of the CDBG appropriation for Fiscal Year 2006, as part of the “Veterans Administration, HUD and Independent Agencies Appropriations Act of 2006” and is administered by the Office of University Partnerships under the Office of the Assistant Secretary for Policy Development and Research. In addition to this program, the Office of University Partnerships administers HUD's ongoing grant programs to institutions of higher education as well as creates initiatives through which colleges and universities can bring their traditional missions of teaching, research, service, and outreach to bear on the pressing local problems in their communities. The Tribal Colleges and Universities Program assist tribal colleges and universities to build, expand, renovate, and equip their own facilities. The Catalog Federal Domestic Assistance number for this program is 14.519. On March 8, 2006 (71 FR 11775), HUD published a Notice of Funding Availability

(NOFA)announcing the availability of $2.5 million in Fiscal Year

(FY)2006, plus an additional $643,000 that was carried over from last year's competition for the Tribal Colleges and Universities Program. The Department reviewed, evaluated and scored the applications received based on the criteria in the NOFA. As a result, HUD funded five applications. The Department reviewed, evaluated, and scored the applications received based on the criteria in the NOFA. As a result, HUD has funded the applications below, in accordance with section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989 (103 Stat. 1987, 42 U.S.C. 3545). List of Awardees for Grant Assistance Under the FY 2006; Tribal Colleges and Universities Program Funding Competition, by Institution, Address, and Grant Amount Region VIII 1. Stone Child College, Ms. Melody Henry, Stone Child College, 1082 Bonneau Road, Box Elder, MT 59521. Grant: $600,000. 2. Fort Peck, Mr. Warren Means, Fort Peck, 605 Indian Street, Poplar, MT 59255. Grant: $600.000. 3. Little Big Horn College, Dr. David Yarlott, Little Big Horn, One Forestry Lane, Crow Agency, MT 59022. Grant: $600,000. 4. Turtle Mountain Community College, Mr. David Ripley, Turtle Mountain Community College, Center for Innovation, BIA Road, #7, Belcourt, ND 58316. Grant: $600,000. 5. Dine College, Mr. Cameron Dines, Dine College, 01 Circle Drive Navajo Route 12 Box 188, Tsaile, AZ 86556-0188. Grant: $600,000. Dated: September 21, 2006. Darlene F. Williams, Assistant Secretary. [FR Doc. E6-16856 Filed 10-11-06; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5076-D-09] Delegations of Authority for the Office of Housing-Federal Housing Administration (FHA); Redelegation of Authority to the Office of Affordable Housing Preservation AGENCY: Office of the Assistant Secretary for Housing-Federal Housing Commissioner, HUD. ACTION: Notice of revocation and redelegation of authority. SUMMARY: On October 1, 2004, the Assistant Secretary for Housing-Federal Housing Commissioner (Assistant Secretary) redelegated authority to carry out provisions of Multifamily Assisted Housing Restructuring Act (MAHRA) to the General Deputy Assistant Secretary for Housing-Deputy Federal Housing Commissioner (General Deputy Assistant Secretary) and to staff within the Office of Affordable Housing Preservation. The purpose of today's notice is to update the redelegation of October 1, 2004. DATES: *Effective Date:* September 15, 2006. FOR FURTHER INFORMATION CONTACT: Eliot C. Horowitz, Senior Advisor to the Assistant Secretary for Housing—Federal Housing Commissioner, Office of Housing, Department of Housing and Urban Development, Room 9110, Washington, DC 20410-8000, telephone

(202)708-0614. (This is not a toll-free number.) Persons with hearing or speech impairments may call HUD's toll-free Federal Information Relay Service at

(800)877-8339. SUPPLEMENTARY INFORMATION: The Office of Affordable Housing Preservation

(OAHP)is headed by a Deputy Assistant Secretary and an Associate Deputy Assistant Secretary. OAHP is headquartered in Washington, DC, and has two field offices: one located in Washington, DC, and the other in Chicago, IL. OAHP also has staff out-stationed in New York, NY. On October 1, 2004, the Assistant Secretary redelegated authority to the General Deputy Assistant Secretary; the OAHP Deputy Assistant Secretary, the OAHP Associate Deputy Assistant Secretary, OAHP Directors, OAHP Deputy Directors, the Bonds and Appeals Manager at HUD Headquarters, and the Rehabilitation Escrow Administration Division Manager out-stationed in New York, NY. That authority has not in any way been revoked or amended and it is reproduced in its entirety in today's notice. However, the Assistant Secretary is now redelegating authority to the OAHP Deputy Assistant Secretary and the OAHP Associate Deputy Assistant Secretary authority to perform two additional functions. First, the OAHP Deputy Assistant Secretary and the OAHP Associate Deputy Assistant Secretary are being redelegated authority to perform all of the functions of a source selection official. This authority only can be exercised in relation to procurements under the subject matter jurisdiction of OAHP and consistent with HUD procurement policies and procedures, the Federal Acquisition Regulations (FAR), and the HUD Acquisition Regulations (HUDAR). Second, the OAHP Deputy Assistant Secretary and the OAHP Associate Deputy Assistant Secretary are being authorized to approve, in connection with a project's sale or mortgage refinancing, the assumption, modification, and/or subordination of mortgage restructuring notes and contingent repayment notes previously created during a debt restructuring transaction. This authority is currently redelegated to officials within the Office of Housing's Office of Multifamily Housing programs (as part of the “asset management” function category). The authority will continue to be exercised in the Office of Multifamily Housing Programs. Authorizing the OAHP Deputy Assistant Secretary and the OAHP Associate Deputy Assistant Secretary to exercise this authority will ensure that a sale and/or refinancing transaction, that is of the most complex variety, is consummated in a manner that preserves the overall objectives stemming from the original restructuring transaction. Accordingly, two new functions, numbers

(12)and (13), have been added to the authority redelegated under Section I.B below. The Assistant Secretary for Housing hereby redelegates authority as follows: I. Authority Redelegated A. The Assistant Secretary redelegates to the General Deputy Assistant Secretary the following authority: All authority necessary to carry out the provisions of the Mark-to-Market Program under MAHRA (42 U.S.C. 1437f note), except for the authority to issue and/or waive regulations; and except for the authority to sue and be sued. B. The Assistant Secretary redelegates to the OAHP Deputy Assistant Secretary and to the OAHP Associate Deputy Assistant Secretary the following authority:

(1)To modify and sign any documents necessary to perform enumerated functions and to waive any directive issued by OAHP that is not mandated by a statute or regulation.

(2)To administer all provisions of MAHRA, including but not limited to the following:

(a)To make eligibility determinations under sections 512 and 516 of MAHRA;

(b)To enter into, modify, and or extend agreements with participating administrative entities under section 513 of MAHRA;

(c)In connection with a restructuring transaction, to make rent and/or mortgage restructuring determinations under sections 514, 515, 517, and 524 of MAHRA; and

(d)To terminate, modify, or affirm any decision on appeal under MAHRA.

(3)In connection with a restructuring transaction, to modify the principal balance, payments, interest rate, and amortization period and other terms of existing FHA-insured and HUD-held mortgages including any HUD or Secretary-held subordinate debt encumbering or otherwise related to a project; and to issue restructuring commitments and closing documents relating to such debt.

(4)To issue HUD forms 92264 and 92264A upon approval of a restructuring plan.

(5)In connection with a restructuring transaction, to approve transfers of physical assets.

(6)In connection with a restructuring transaction, to approve environmental assessment and compliance findings for related laws report, HUD form 4128.1.

(7)To issue a commitment to insure and endorse for insurance a mortgage note given to refinance a HUD-insured or HUD-held mortgage, pursuant to section 223(a)(7) of the National Housing Act (12 U.S.C. 1715n).

(8)For qualified nonprofit entities acquiring projects that are the subject of a restructuring transaction, to modify, assign, or forgive debt created in the restructuring.

(9)To administer escrow accounts and modify the agreement established under the restructuring transaction, for the purpose of addressing immediate and near-term rehabilitation needs of a project.

(10)To perform all source selection official duties, subject to laws, regulations, and HUD policies and procedures governing the procurement process.

(11)To administer grant programs, other than selecting a grantee as only the Assistant Secretary is authorized to function as the Grant Official for the Office of Housing.

(12)To perform all functions of a source selection official in relation to a procurement under the subject matter jurisdiction of OAHP.

(13)To approve, in connection with a project's sale or mortgage refinancing, the assumption, modification, and/or subordination of mortgage restructuring notes and contingent repayment notes previously created during a debt restructuring transaction. C. The Assistant Secretary redelegates to each OAHP Director and OAHP Deputy Director, in the Field Offices and at Headquarters, the following authority:

(1)To modify and sign any documents necessary to perform enumerated functions and to waive any directive issued by OAHP that is not mandated by a statute or regulation.

(2)To administer the following provisions of MAHRA;

(a)To make eligibility determinations under sections 512 and 516 of MAHRA;

(b)In connection with a restructuring transaction, to make rent and/or mortgage restructuring determinations under sections 514, 515, 517, and 524; and

(c)To reject or hear and decide any appeal made to the Production Office under 24 CFR 401.645 or another permissible procedure.

(3)In connection with a restructuring transaction, to modify the principal balance, payments, interest rate, and amortization period and other terms of existing FHA-insured and HUD-held mortgages, including any HUD or Secretary-held subordinate debt encumbering or otherwise related to a project; and to issue restructuring commitments and closing documents relating to such debt.

(4)To issue HUD forms 92264 and 92264A upon approval of a restructuring plan.

(5)In connection with a restructuring transaction, to approve transfers of physical assets.

(6)In connection with a restructuring transaction, to approve environmental assessment and compliance findings for related laws report, HUD form 4128.1.

(8)For qualified nonprofit entities acquiring projects that are the subject of a restructuring transaction, to modify, assign, or forgive debt created in the restructuring. D. The Assistant Secretary redelegates to the Rehabilitation Escrow Administration Manager the following authority:

(1)To modify and sign any documents necessary to perform enumerated functions related to the rehabilitation needs of a project that was the subject of a restructuring transaction, and to waive any directive issued by OAHP that is not mandated by a statute or regulation.

(2)To administer escrow accounts and modify the agreement established under the restructuring transaction, for the purpose of addressing immediate and near-term rehabilitation needs of a project. E. The Assistant Secretary redelegates to the Bonds and Appeals Manager the following authority:

(1)To modify and sign any documents necessary to perform enumerated functions related to appeals under MAHRA and/or the regulations promulgated under MAHRA.

(2)To reject or hear and decide any appeal under MAHRA and/or the regulations promulgated under MAHRA, except for 24 CFR 401.645. II. Authority Excepted The authority redelegated herein does not include the authority to issue or to waive HUD regulations. The authority redelegated herein also does not include the authority to sue or be sued. III. Further Redelegation The authority redelegated herein may not be further redelegated. 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. E6-16896 Filed 10-11-06; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5076-D-08] Delegations of Authority for the Office of Housing—Federal Housing Administration (FHA), Redelegation of Authority to the Deputy Assistant Secretary for Finance and Budget AGENCY: Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Notice of revocation and redelegation of authority to the Office of Finance and Budget. SUMMARY: On August 11, 2003, the Assistant Secretary for Housing—Federal Housing Commissioner and the General Deputy Assistant Secretary for Housing—Deputy Federal Housing Commissioner issued a comprehensive redelegation of authority to the Deputy Assistant Secretary for the Office of Finance and Budget. This redelegation of authority was published on August 20, 2003. Today's notice updates and republishes in its entirety the redelegation of authority to Office of Finance and Budget. DATES: *Effective Date:* September 15, 2006. FOR FURTHER INFORMATION CONTACT: Eliot C. Horowitz, Senior Advisor to the Assistant Secretary for Housing—Federal Housing Commissioner, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 9110, Washington, DC 20410-8000, phone

(202)708-0614, extension 2125. (This is not a toll-free number.) Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Information Relay Service number at 1-800-877-8339. SUPPLEMENTARY INFORMATION: Section I of this document describes the organization of the Office of Finance and Budget. That organization has not undergone change since the August 20, 2003, publication of the redelegation of authority to Office of Finance and Budget. The August 20, 2003, redelegation of authority was published at 68 FR 50176. Section II of this notice describes the authority redelegated to the Deputy Assistant Secretary for Finance and Budget. On March 17, 2004, the Assistant Secretary for Housing issued a redelegation of authority (that was not published) authorizing each Office of Housing Deputy Assistant Secretary

(DAS)to perform all of the functions of a source selection official. The authority redelegated can only be exercised:

(1)In relation to a procurement for which the DAS has subject matter jurisdiction and

(2)consistent with HUD procurement policies and procedures, the Federal Acquisition Regulation (FAR), and the HUD Acquisition Regulation (HUDAR). Accordingly, a new function item, designated as L, has been added to the authority redelegated to the Deputy Assistant Secretary for Finance and Budget under Section II below. Otherwise, no change has been made to the authority redelegated to Deputy Assistant Secretary for Finance and Budget on August 11, 2003, and that authority remains in effect. Section I. Deputy Assistant Secretary for Finance and Budget: Organization Four offices report to the Deputy Assistant Secretary for Finance and Budget. These are the

(1)Office of Evaluation;

(2)Office of Budget and Field Resources;

(3)Office of Asset Sales; and

(4)Office of the Housing-FHA Comptroller. The following is a brief summary of each of these offices. A. Office of Evaluation The Office of Evaluation assesses the financial impact of new or revised HUD/FHA programs and policies, new or proposed legislation, and/or new or proposed rules and regulations of the Office of Management and Budget (OMB), the Government Accountability Office (GAO), or the Department of Treasury (Treasury). Based on these assessments, the Office of Evaluation develops recommendations, alternatives, and various scenarios used by managers to determine appropriate actions. The Office of Evaluation is responsible for actuarial analyses and cash flow projections of the FHA insurance funds and evaluates relationships between current market conditions and FHA program goals and objectives. The Office of Evaluation uses both internal and external resources to estimate the financial impact of policy changes or external factors (such as regional recessions or natural disasters) on FHA programs. The following additional functions are conducted by the Office of Evaluation: monitoring daily cash flows to make sound investments; conducting quarterly analyses of economic developments; and conducting on-going actuarial analyses of FHA's insurance funds. B. The Office of Budget and Field Resources The Office of Budget and Field Resources is responsible for the formulation, presentation, and execution of the Office of Housing's program and administrative budgets. This includes fund assignments and control, financial resource management, coordination of financial resources in support of field operations, and budget analysis and reporting. The Office of Budget and Field Resources is responsible for analyzing and evaluating the financial and budgetary impact of new or revised Office of Housing programs and policies, proposed legislation, and new or revised OMB, GAO, or Treasury guidance. The responsibilities and duties of personnel within the Office of Budget and Field Resources pertain to internal HUD matters, do not require rendering decisions that bind HUD in relation to external clients and customers and, therefore, do not require delegations of authority. C. Office of Asset Sales The Office of Asset Sales oversees the disposition of mortgage notes acquired by Housing upon a default by the mortgagor and assignment of the note to FHA in return for the payment of a claim. The Office of Asset Sales is responsible for the sale of single family, multifamily, and hospital notes in the manner most advantageous to the federal government. The Office of Asset Sales develops alternative disposition methods that will reduce the acquisition and holding costs of these assets while increasing recovery upon sale. D. Office of the Housing-FHA Comptroller The Office of the Housing-FHA Comptroller is a Headquarters operation. The Office of the Housing-FHA Comptroller contains one field component, the Financial Operations Center, located in Albany, New York, that reports to one of the three major Washington, DC, offices within the Office of the Housing-FHA Comptroller. A description of the three major offices follows:

(1)*The Office of Financial Services:* The Office of Financial Services is comprised of three Headquarters divisions, and one field component, the Financial Operations Center, which is located in Albany. The Office of Financial Services provides the policy direction, review, and coordination required to collect insurance premiums, to provide the financial services required to support FHA's multibillion dollar Single Family, Multifamily, and Title I insurance portfolios, and to provide the financial support necessary to manage FHA's asset management and disposition programs. The Office of Financial Services collects and maintains financial data necessary to generate accurate accounting entries to the General and Subsidiary ledgers and FHA's financial statements. The Office of Financial Services supports the systems and staff needed to maintain the insurance operations for FHA programs. The Office of Financial Services provides policy guidance and oversight for FHA's debt management and due diligence activities in the Financial Operations Center and supports FHA's asset sales programs. A summary of each division and the Financial Operations Center follows:

(a)*The Single Family Insurance Operations Division.* This Division is responsible for performing the accounting functions and providing financial management services to FHA approved lenders that originate and/or service FHA Single Family insured mortgages. The Single Family Insurance Operations Division maintains the national portfolio that consists of 13 million insurance records of active and terminated Single Family FHA-insured loans. The Single Family Insurance Operations Division collects the mortgage insurance premiums and processes refunds of premium overpayments to lenders and homeowners.

(b)*The Single Family Post Insurance Division.* This Division is responsible for providing accounting and processing functions necessary to support the FHA single family asset acquisition, management, and disposition operations. The Single Family Post Insurance Division directs and coordinates all operating requirements, systems development, and reporting functions requirements for its areas of responsibility. The Single Family Post Insurance Division provides servicing support, claims processing, and asset disposition processing. It also provides contractor oversight as appropriate.

(c)*The Multifamily Financial Operations Division.* This Division is responsible for performing the accounting and financial management services necessary for the servicing of all multifamily, insured mortgages in the FHA portfolio and the support of the approved lenders that hold FHA-insured mortgages. The Multifamily Financial Operations Division is also responsible for the servicing of HUD-held Multifamily mortgages and the payment of claims for Multifamily defaulted mortgages. These responsibilities include collection of insurance premiums, management of escrow accounts, payments of preservation and protection expenses, and recording of mortgage satisfactions.

(d)*The Financial Operations Center.* The Financial Operations Center (or Center) is responsible for providing policy guidance, system support, and general oversight of FHA debt management, collection, and due diligence/asset liquidation activities for FHA Assets not elsewhere administered. The Center is also responsible for all financial duties relating to the HUD-owned Title I Insurance portfolio such as establishing repayment plans, administering the Treasury offset program, and accepting compromise plans or write-offs.

(2)*The Office of Financial Analysis and Reporting:* The Office of Financial Analysis and Reporting is comprised of three Headquarters Divisions. The Office of Financial Analysis and Reporting is responsible for classifying, summarizing, analyzing, and reporting the financial, accounting, and budgetary activities and transactions for FHA/Housing activities as required for a wholly-owned government corporation, subject to the provisions of the Government Corporation Control Act. The Office of Financial Analysis and Reporting also evaluates the impact of new or proposed OMB, GAO, or Treasury rules and regulations, develops financial performance measures, and oversees cash management and investment. Primary functions include developing and implementing accounting policies and procedures based on Federal Basis Generally Accepted Accounting Principles (FGAAP) requirements and directives and regulations from OMB, Treasury, Congress, and the Administration; reconciling actual cash, accounting, and budgetary events to independent source documents to assure the Department that the general ledger accounts are in order and the budgetary statements accurately represent account balances; participating with auditors, both internal and external, in the planning and conduct of accounting and financial management audits, investigations, and reviews; monitoring daily cash flows; making sound investments; and preparing the FHA Annual Report. A description of the three divisions follows.

(a)*Financial Analysis and Controls Division.* This Division is responsible for developing and implementing accounting and budgetary reporting policy. It is responsible for ensuring that all requirements, internal and external, relating to financial reporting and accounting are followed in FHA's accounting practices and that any changes to such requirements are communicated to appropriate staff.

(b)*General Ledger Division.* This Division is responsible for the preparation of all the cost accounting, Credit Reform accounting, FGAAP accounting, and budgetary accounting entries that update the General and Subsidiary ledgers of FHA. This includes all daily transactions and FGAAP entries at the end of each accounting period, as required, together with special entries as required by Credit Reform and budgetary accounting.

(c)*The Financial Reporting Division.* This Division monitors and prepares Housing's official responses to audit issues. This involves both program and financial audits performed by both internal and external organizations.

(3)*Office of Systems and Technology:* The Office of Systems and Technology coordinates the development and maintenance of integrated financial and management information systems necessary for accounting and management of the Housing and FHA programs. Section II. Redelegations to the Office of the Deputy Assistant Secretary for Finance and Budget The Assistant Secretary redelegates program authority in broad terms to the Deputy Assistant Secretary for Finance and Budget. In addition, the Housing-FHA Comptroller, who reports to the Deputy Assistant Secretary for Finance and Budget, is redelegated concurrent authority, with that of the Deputy Assistant Secretary for Finance and Budget, to oversee the FHA financial operations and other Office of Housing programs. The general functions and a brief description of the authority redelegated are as follows: A. General Authority Authority is redelegated to the

(1)Deputy Assistant Secretary for Finance and Budget to sign any and all documents necessary to carry out the business of the Office of Finance and Budget, including oversight of FHA financial operations, and

(2)the Housing-FHA Comptroller to sign any and all documents necessary to carry out the oversight of FHA financial operations. In concert with the specific authorities redelegated to each of them, the Deputy Assistant Secretary for Finance and Budget and the Housing-FHA Comptroller, in considering a transaction, are also redelegated authority to waive any directives not mandated by statute or regulation, for good cause and with a written justification. B. Oversight of Financial Operations The Deputy Assistant Secretary for Finance and Budget is redelegated such authority as is necessary to oversee the financial management and operations of Office of Housing programs. The FHA Comptroller, who reports to the Deputy Assistant Secretary for Finance and Budget, is responsible for overseeing the financial operations of the FHA. C. Investment of Surplus Funds The Deputy Assistant Secretary for Finance and Budget is redelegated authority to invest FHA funds in certain specified types of accounts, *e.g.* , U.S. Treasury securities. D. Borrowing From the U.S. Treasury The Deputy Assistant Secretary for Finance and Budget is redelegated authority to borrow from the U.S. Treasury such funds as necessary to maintain a positive cash flow in the various FHA insurance funds. E. Administration of the FHA Title I Loans The Deputy Assistant Secretary for Finance and Budget is redelegated the authority to perform such duties as are necessary to carry out the financial functions of the FHA Title I Program. F. Administration of the FHA Title II Insured Loans The Deputy Assistant Secretary for Finance and Budget is redelegated the authority to perform such actions as may be necessary to carry out the financial functions of all FHA Title II insured loans. G. Payment of FHA Claims The Deputy Assistant Secretary for Finance and Budget is redelegated such authority to perform such actions as may be necessary to make FHA claim payments. These duties include but are not limited to determining the appropriate amount of benefits to be paid, making appropriate certifications for payments issued in debentures and/or cash, extending requisite time periods for a lender's submission of financial claim documentation, and collecting, through administrative offset, any indebtedness due HUD. H. Servicing of HUD-Held Loans The Deputy Assistant Secretary for Finance and Budget is redelegated the authority to perform such duties as are necessary to carry out the financial responsibilities for HUD-held notes and properties including but not limited to collecting mortgage payments, ensuring the protection and preservation of collateral, establishing and directing the use of funds in escrow accounts, and executing appropriate legal documents upon payment-in-full of a mortgage. I. Liaison With the U.S. Treasury Department The Deputy Assistant Secretary for Finance and Budget is redelegated such authority as is necessary to process and effect such transactions with the U.S. Treasury as may be required in the normal operation of FHA operations. J. Sale of FHA Assets The Deputy Assistant Secretary for Finance and Budget is redelegated such authority as is necessary to sell Secretary-held mortgages. K. Management of HUD-Held Mortgages, Notes, and HUD-Owned Properties The Deputy Assistant Secretary for Finance and Budget is redelegated such authority as is necessary to make disbursements on HUD-owned or managed properties for the payment of property-related expenses, including property taxes, utility bills, property management fees, etc. L. Source Selection Official The Deputy Assistant Secretary for Finance and Budget is redelegated authority to perform all functions of a source selection official. Section III. Further Redelegations The authority redelegated by the Assistant Secretary for Housing-Federal Housing Commissioner and the General Deputy Assistant Secretary-Deputy Federal Housing Commissioner to the Deputy Assistant Secretary for Finance and Budget may be redelegated by memorandum. A copy of the redelegation will be maintained by the employee receiving the delegation and by the Deputy Assistant Secretary for Finance and Budget and available for public inspection. The Housing-FHA Comptroller may not redelegate the authority redelegated herein. Section IV. Revocation of Delegations 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 herein. Notice of any revocation will be published in the **Federal Register** . This redelegation of authority supersedes and/or revokes all prior redelegations of authority to staff in the Office of the Housing-FHA Comptroller. 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. E6-16901 Filed 10-11-06; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5076-D-10] Delegations of Authority for the Office of Housing—Federal Housing Administration (FHA); Redelegations of Authority to Other HUD Offices AGENCY: Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Notice of redelegations of authority. SUMMARY: This notice updates and reiterates the notice of redelegations of authority issued on August 11, 2003, by the Assistant Secretary for Housing—Federal Housing Commissioner to HUD officials in HUD offices other than the Office of Housing, and published on August 20, 2003. This notice also updates the redelegation of authority issued on March 4, 2004, by the Assistant Secretary for Housing—Federal Housing Commissioner to the General Counsel, published on March 12, 2004. DATES: *Effective Date:* September 15, 2006. FOR FURTHER INFORMATION CONTACT: Eliot C. Horowitz, Senior Advisor to the Assistant Secretary for Housing—Federal Housing Commissioner, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 9110, Washington, DC 20410-8000, phone

(202)708-0614, extension 2125. (This is not a toll-free number.) Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Information Relay Service number at 1-(800) 877-8339. SUPPLEMENTARY INFORMATION: I. Background Housing legislation and programs are implemented and administered by the Office of Housing. However, in some instances, the nature of a statute or program, or component thereof, requires another HUD office to conduct the program or participate in its administration. On August 11, 2003, the Assistant Secretary for Housing—Federal Housing Commissioner (Assistant Secretary for Housing) redelegated authority to the Office of Fair Housing and Equal Opportunity

(FHEO)and the Office of the General Counsel, and revoked all prior redelegations from the Assistant Secretary for Housing to other HUD offices. This notice of redelegations of authority was published on August 20, 2003, at 68 FR 50173. On March 5, 2004, the Assistant Secretary for Housing issued a redelegation of authority to the General Counsel, the purpose of which was to clarify and supplement the authority that was previously redelegated to the General Counsel. That notice of redelegation of authority was published on March 12, 2004, at 69 FR 11880. Today's notice reaffirms and consolidates, into this one document, the authority previously redelegated by the Assistant Secretary for Housing to the Assistant Secretary for Fair Housing and Equal Opportunity and to the General Counsel. Please note that the redelegation of authority to the General Counsel does not affect the authority of the Mortgagee Review Board, described in 24 CFR 30.35, or of the Assistant Secretary for Housing to initiate civil money penalty actions. II. Authority Redelegated The Assistant Secretary for Housing and the General Deputy Assistant Secretary for Housing—Deputy Federal Housing Commissioner (General Deputy Assistant Secretary for Housing) retain and redelegate, to the officials listed below, the power and authority described as follows: A. Assistant Secretary, Office of Fair Housing and Equal Opportunity Authority is redelegated on a nation-wide basis to exercise the fair housing provisions of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (FHEFSSA) at 12 U.S.C. 4545, and under the regulations at 24 CFR part 81, subpart C, as described in the **Federal Register** notice of delegation of authority of February 12, 1999 (64 FR 7407), and subject to the limitations and exceptions set forth in that February 12, 1999 notice. B. General Counsel, Office of the General Counsel Authority is redelegated to the General Counsel to issue a notice of violation under the terms of a regulatory agreement and a notice of default under the terms of a housing assistance payments contract and to take all actions permitted under 24 CFR 30.36, 24 CFR 30.45, and 24 CFR 30.68. III. Authority Excepted The authority delegated in Section II does not include the authority to waive regulations under the program jurisdiction of the Assistant Secretary for Housing. IV. Further Redelegations A. The authority redelegated to the Assistant Secretary for Fair Housing and Equal Opportunity may not be redelegated. B. The General Counsel is authorized to redelegate the authority redelegated in Section II.B. above. This notice has no impact upon the redelegation of authority issued by the General Counsel to the Departmental Enforcement Center on March 5, 2004, and published on March 12, 2004. (See notice of redelegation of authority published on March 12, 2004, at 69 FR 11879.) V. Prior Redelegations Superseded The redelegations of authority to the Assistant Secretary for Fair Housing and Equal Opportunity and the General Counsel, published on August 20, 2003 and the redelegation of authority to the General Counsel published on March 12, 2004, are reiterated in this notice. VI. Revocation of Authority The Assistant Secretary for Housing—Federal Housing Commissioner may revoke the authority authorized herein, in whole or part, at any time. Any revocation or modification of a redelegation 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. E6-16893 Filed 10-11-06; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5076-D-05] Consolidated Delegation of Authority for the Office of Housing—Federal-Housing Administration

(FHA)AGENCY: Office of the Secretary, HUD. ACTION: Notice of revocation and delegation of authority. SUMMARY: This notice supersedes the 2003 consolidated delegation of authority to the Assistant Secretary for Housing—Federal Housing Commissioner and the General Deputy Assistant Secretary for Housing—Deputy Federal Housing Commissioner, published on August 20, 2003. This delegation supersedes and/or revokes all prior delegations from the Secretary to the Assistant Secretary for Housing—Federal Housing Commissioner. Additionally, the authority now being delegated applies not only to current statutory authorities, but also to later-enacted statutes and statutory amendments that pertain to the legislative acts cited in the delegation. DATES: *Effective Date:* September 15, 2006. FOR FURTHER INFORMATION CONTACT: Eliot C. Horowitz, Senior Advisor to the Assistant Secretary for Housing—Federal Housing Commissioner, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 9110, Washington, DC 20410-8000; telephone

(202)708-1490. (This is not a toll-free number.) Persons with hearing or speech impairments may call HUD's toll-free Federal Information Relay Service at 1-(800) 877-8339. SUPPLEMENTARY INFORMATION: This notice supersedes and specifically amends in two ways the prior consolidated delegation of authority issued on August 11, 2003, and published on August 20, 2003 (68 FR 50157). First, it clarifies the nature and scope of the authority delegated to the Assistant Secretary for Housing—Federal Housing Commissioner (Assistant Secretary) and General Deputy Assistant Secretary for Housing—Deputy Federal Housing Commissioner (General Deputy Assistant Secretary) in relation to the regulation of government sponsored enterprises

(GSEs)under the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4501 *et seq.* ) (FHEFSSA). That authority continues to be set forth in Subpart E of this delegation of authority. In addition, the delegation has been updated (in a new section

(32)under Subpart B) to include more recently issued authority, the Legacy Act of 2003 (Public Law 108-186), which was enacted by Congress in December 2003. Finally, section

(23)of Subpart B has been updated to indicate that the Assistant Secretary is responsible for carrying out the provisions of the Multifamily Assisted Housing Reform and Affordability Act (MAHRA) (42 U.S.C. 1437f note). In connection with the latter authority, the Secretary issued a redelegation of authority to the Assistant Secretary effective October 1, 2004 (69 FR 62070, October 22, 2004), while also revoked authority previously redelegated to the Director of the Office of Multifamily Housing Assistance Restructuring, whose office was terminated on September 30, 2004. Subpart E of the 2003 consolidated delegation of authority for the Office of Housing referred the reader to a delegation of authority concerning the regulation of the GSEs that was published on February 12, 1999, at 64 FR 7406. However, that 1999 delegation was unclear about the functions that were delegated to the Assistant Secretary regarding determinations whether mortgage data and information received from the GSEs were proprietary or were releasable to the public. This notice makes clear that the Secretary has delegated, to the Assistant Secretary and the General Deputy Assistant Secretary, the portion of the Secretary's general regulatory authority that gives the Secretary the authority to make determinations regarding whether any activity of a GSE is or is not authorized under its Charter Act and to request that the Director of the Office of Federal Housing Enterprise Oversight take action against a GSE that has engaged, is engaging, or is about to engage in any activity that is not authorized under its Charter Act. Authority is also delegated to the Assistant Secretary and the General Deputy Assistant Secretary to determine whether mortgage data or other information provided to HUD by Fannie Mae or Freddie Mac are proprietary or publicly releasable and to issue any rule, regulation, order, notice, letter, or other document regarding such determinations as may be necessary. HUD is also publishing a separate delegation of authority to the Assistant Secretary for Fair Housing, of all the power and authority under the fair housing provisions of FHEFSSA set forth at 12 U.S.C. 4545, and in HUD's regulations at 24 CFR part 81, subpart C. Section A. General Delegation of Authority Unless otherwise stated, the Assistant Secretary and the General Deputy Assistant Secretary are each delegated the power and authority of the Secretary of HUD with respect to all housing programs and functions, including, but not limited to, those listed below in Sections B through E, with authority to redelegate to employees of the Department, unless otherwise specified. Only the Assistant Secretary, however, is delegated the authority to issue rules or regulations to carry out housing programs and to waive regulations. This authority may not be redelegated. The Assistant Secretary, as well as other Office of Housing officials, are authorized to cause the seal of HUD to be affixed to, and to authenticate copies of documents. The authority to affix the seal and authenticate copies of documents is also addressed in a separate delegation of authority. Finally, the authority delegated herein supersedes and revokes prior delegations from the Secretary to the Assistant Secretary and applies both to current authority and later enacted statutory authority. Section B. Multifamily Programs—Authority Delegated The authority of the Secretary of HUD with respect to the Office of Housing's multifamily housing programs and functions that are authorized under the following:

(1)Titles I, II, V, VI, VII, VIII, IX, and XI of the National Housing Act (12 U.S.C. 1701 *et seq.* ) in exercising the power and authority delegated under this section;

(2)Section 202 of the Housing Act of 1959, as such section existed prior to the enactment of the Cranston-Gonzalez National Affordable Housing Act (12 U.S.C. 1701q note), as amended by section 811 of the American Homeownership and Economic Opportunity Act of 2000 (Pub. L. 106-561);

(3)Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), as amended by Subtitle A of Title VIII of the National Affordable Housing Act of 1990, with respect to the provision of capital advances and rental housing assistance for supportive housing for the elderly, as amended by Subtitle C of the American Homeownership and Economic Opportunity Act of 2000 (Pub. L. 106-561);

(4)Section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) with respect to the Rent Supplement program for disadvantaged persons, including the authority to administer contracts and requirements for rent supplements;

(5)Section 8 Housing assistance under the United States Housing Act of 1937 (42 U.S.C. 1437, *et seq.* ), including the authority delegated under Executive Order 11196 to approve the undertaking of any annual contribution, grant, or loan, or any agreement or contract for any annual contribution, grant, or loan;

(6)Section 808 of the National Affordable Housing Act (Public Law 101-625), and sections 671, 672, 674, 676, and 677 of the Housing and Community Development Act of 1992 (42 U.S.C. 13631) with respect to the provision of service coordinators in federally assisted housing;

(7)Sections 201, 202, 203, and 204 of the Housing and Community Development Amendments of 1978, and the amendments contained in Title I of the Multifamily Housing Property Disposition Reform Act of 1994 (Pub. L. 103-233, 12 U.S.C. 1701 note);

(8)The Housing Development Grant Program, pursuant to Section 17 of the United States Housing Act of 1937 (42 U.S.C. 1437o);

(9)Section 4(d) of the Department of Housing and Urban Development Act (42 U.S.C. 3533), which provides that the Assistant Secretary is the Assistant to the Secretary who shall be responsible for providing information and advice to nonprofit organizations desiring to sponsor housing projects assisted under programs administered by the Department;

(10)The authority of the Secretary under the Revolving Fund for Liquidating Programs (12 U.S.C. 1701q) to manage, repair, lease, and otherwise take all actions necessary to protect the financial interest of the Secretary in properties as to which the Secretary is mortgagee-in-possession, and to manage; repair; complete; remodel and convert; administer; dispose of; lease; sell or exchange for cash or credit at public or private sale; pay annual sums in lieu of taxes on; obtain insurance against loss on; and otherwise deal with properties as to which the Secretary has acquired title based on a loan made under the former Section 312 Rehabilitation Loan Program;

(11)The function of the Secretary under Section 7(i)(3) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(i)(3)), concerning the sale, exchange, or lease of real or personal property and the sale or exchange of securities or obligations with respect to any multifamily project;

(12)Title IV of the Housing and Community Development Amendments of 1978 (42 U.S.C. 8001, *et seq.* );

(13)The authority to endorse any checks or drafts in payment of insurance losses on which the United States of America, acting by and through the Secretary or the Secretary's successors or assigns, is a payee (joint or otherwise) in connection with the disposition of the government's interest in property or lease of such property;

(14)Section 2 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701t);

(15)The Multifamily Mortgage Foreclosure Act of 1981 (12 U.S.C. 3701-3717);

(16)To act as an Attesting Officer with authorization to cause the seal of the Department of Housing and Urban Development to be affixed to such documents as may require its application and to certify that a copy of any book, record, paper, microfilm, electronic document, or any other document is a true copy of that in the files of the Department;

(17)The Congregate Housing Services Program under Section 802 of the National Affordable Housing Act (42 U.S.C. 8011);

(18)The HOPE for Homeownership of Multifamily Units Program under Title IV, Subtitle B, of the National Affordable Housing Act (42 U.S.C. 12701, 12871);

(19)The Multifamily Risk Sharing Programs pursuant to Section 542 of the Housing and Community Development Act of 1992 (Public Law 102-550, October 28, 1992);

(20)Title II of the Housing and Community Development Act of 1987 (12 U.S.C. 1715 note), and the Emergency Low-Income and Housing Preservation Act of 1987 (ELIHPRA), as amended by Subtitle A of Title VI of the National Affordable Housing Act (12 U.S.C. 4101 *et seq.* ), the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (LIHPRA), as further amended by Title III of the Housing and Community Development Act of 1992 (12 U.S.C. 4141 *et seq.* );

(21)Section 811 of Subtitle B of Title VIII of the National Affordable Housing Act of 1990 (42 U.S.C. 8013), with respect to the provision of capital advances and rental housing assistance for supportive housing for persons with disabilities as amended by Subsection C of Title VIII of the American Homeownership and Economic Opportunity Act of 2000 (Pub. L. 106-569);

(22)Section 581 of the National Affordable Housing Act of 1990 (Pub. L. 101-625) and Chapter 2, Subtitle C of Title V of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 1190 *et seq.* ), relating to the federally assisted low-income housing drug elimination program;

(23)The Portfolio Reengineering Demonstration Program authorized under Sections 211 and 212 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (Pub. L. 104-204, 110 Stat. 2874, approved September 26, 1997), as re-authorized and amended by Section 522(b) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998 (Pub. L. 105-65, 111 Stat. 1344, 1446, approved October 27, 1997) (42 U.S.C. 1437f note); all provisions of the Mark-to-Market Extension Act of 2001 (Title VI of Pub. L. 107-116); and all provisions of the Multifamily Assisted Housing Reform and Affordability Act (MAHRA) (42 U.S.C. 1437f note);

(24)To take actions necessary to ensure that participants in HUD programs under the jurisdiction of the Assistant Secretary for Housing comply with the regulations, rules, and procedures of the Department including, but not limited to, imposing limited denials of participation and acting as the debarring official in proceedings under part 24 of Title 24 of the Code of Federal Regulations;

(25)The Rental Assistance Program authorized by Section 236 of the National Housing Act (12 U.S.C. 1715z-1);

(26)The management and disposition of HUD-owned multifamily projects and HUD-held mortgages and the provision of grants and loans, as provided under Section 204(a) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (Public Law 104-204) (12 U.S.C. 1715z-11a);

(27)Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u);

(28)To the Assistant Secretary only, without the power to redelegate, the authority to issue regulations under Section 7(d) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(d)) and to waive regulations under Section 7(q)(2) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(q)(2));

(29)The authority to administer the provisions of Section 7(i) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(i)), relating but not limited to the foreclosure of mortgages, sales of foreclosed properties, and the modification of terms of the contracts;

(30)The authority to administer the provisions of Section 7(j) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(j)), relating to the establishment of fees and charges;

(31)The authority to administer the provisions of Section 7(k) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(k)), relating to the acceptance of voluntary services;

(32)The authority to administer the provisions of the Legacy Act of 2003 (Pub. L. 108-186). Section C. Single Family Programs—Authority Delegated The authority of the Secretary of HUD with respect to the Office of Housing single family housing programs and functions, and the authority with respect to mortgagee activities (including Title I lenders) for single family programs of the following:

(1)Titles I, II, V, VI, VIII, and IX of the National Housing Act (12 U.S.C. 1701 *et seq.* );

(2)Section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x);

(3)The Interstate Land Sales Full Disclosure Act, Title XIV of the Housing and Urban Development Act of 1968 (15 U.S.C. 1701, *et seq.* );

(4)The Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2601, *et seq.* );

(5)The authority to prescribe standards for designs, construction, and alteration of structures for programs (other than public housing programs) prescribed under the National Housing Act (12 U.S.C. 1701 *et seq.* );

(6)To approve or disapprove variances from the design or construction standards for all programs (other than public housing programs) under the National Housing Act (12 U.S.C. 1701, *et seq.* );

(7)The authority to evaluate and determine the technical suitability of housing products and materials under Section 21 of the National Housing Act (12 U.S.C. 1735e), and to issue engineering and technical bulletins governing the acceptability of housing system components, materials, and methods of construction;

(8)All matters and requirements of the National Manufactured Housing Construction and Safety Standards Act of 1974 and Title VI of the Housing and Community Development Act of 1974 (42 U.S.C. 5401-5426);

(9)To convey and execute deeds of conveyance, deeds of release, assignments, satisfactions of mortgages, and any other written instrument relating to real or personal property or any interest therein, heretofore, or hereafter acquired by the Secretary pursuant to the National Housing Act (12 U.S.C. 1701, *et seq.* );

(10)To perform the functions of the Secretary under Section 7(i)(3) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(i)(3)), concerning the sale, exchange, or lease of real or personal property, and the sale or exchange of securities or obligations with respect to any single family property;

(11)The authority to endorse any checks or drafts in payment of insurance losses on which the United States of America, acting by and through the Secretary or his/her successors or assigns, is a payee (joint or otherwise), in connection with the disposition of the government's interest in property or lease of such property;

(12)The authority of the Secretary under the Revolving Funds for Liquidating Programs (12 U.S.C. 1701q) to manage, repair, lease, and otherwise take all actions necessary to protect the financial interest of the Secretary in properties as to which the Secretary is mortgagee-in-possession and to manage, repair, complete, remodel and convert, administer, dispose of, lease, sell or exchange for cash or credit at public or private sale, pay annual sums in lieu of taxes on, obtain insurance against loss on, and otherwise deal with properties as to which the Secretary has acquired title based on a loan under the former Section 312 Rehabilitation Loan Program;

(13)To act as an Attesting Officer with authorization to cause the seal of the Department of Housing and Urban Development to be affixed to such documents as may require one and to certify that a copy of any book, record, paper, microfilm, electronic document, or any other document is a true copy of that in the files of the Department;

(14)The Nehemiah Housing Opportunity grant program in Sections 609-613 of the Housing and Community Development Act of 1987 (12 U.S.C. 1715e);

(15)To take actions necessary to ensure that participants in HUD programs comply with regulations, rules, and procedures of the Department including, but not limited to, imposing limited denials of participation and acting as the debarring official in proceedings under part 24 of Title 24 of the Code of Federal Regulations (24 CFR part 24);

(16)To appoint a Special Assistant for Cooperative Housing pursuant to Section 102(h) of the Housing Amendments of 1955 (12 U.S.C. 1715e note);

(17)To the Assistant Secretary only, without the power to redelegate, the authority to issue regulations under Section 7(d) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(d)) and to waive regulations under Section 7(q)(2) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(q)(2)). Section D. Financial Operations and Management Controls-Authority Delegated

(1)To provide financial management for programs administered by the Assistant Secretary;

(2)To formulate and develop financial management and internal control policies; to oversee compliance by the Office of Housing and Federal Housing Administration

(FHA)with OMB Circulars A-123 (Management and Accountability Control), A-127 (Financial Management Systems), and A-130 (Federal Information Resources) as they apply to Housing and FHA financial and program operations; to establish and supervise the development and execution of uniform Housing and FHA policies, principles, and procedures necessary for financial management; to issue directions that implement these policies and modification to existing products;

(3)To maintain the FHA General Ledger and the chart of accounts of the FHA funds;

(4)To establish and maintain appropriate financial management controls over Housing and FHA programs; to provide technical guidance to organizational elements under the Assistant Secretary in the field of accounting and fiscal matters; to track Housing and FHA financial activities against the budget and business plan; and to coordinate the development and maintenance of integrated financial management systems needed for accounting and management of housing and FHA programs;

(5)To prepare reports; to report to the Assistant Secretary, other offices, the Department's Chief Financial Officer, and other HUD Regional and Field staff on the financial condition of FHA mortgage insurance programs (including actual and projected cash flows, accounting and performance reports, program effectiveness controls, and insurance reserves analyses); to publish an annual FHA report reflecting prior year accomplishments and the audited financial statements; and to prepare internal reports on the financial condition of Office of Housing and FHA programs;

(6)To develop and maintain integrated financial management systems; and to direct studies and audits of the accounting and financial information and systems functions;

(7)To prepare and execute policies and systems to measure the financial and actuarial soundness of Office of Housing and FHA programs; and to ensure the conduct of an independent annual audit of the FHA program financial statements;

(8)To obtain reports, information, advice, and assistance in carrying out assigned functions; and to develop financial management information to assist in developing budget, financial, accounting, and cost-accounting information on a timely basis;

(9)To direct the investment of money held in the various Office of Housing/FHA insurance funds that is not needed for current operations, in bonds or other obligations of the United States, or in bonds or other obligations guaranteed as to principal and interest by the United States;

(10)To borrow funds from the Treasury to facilitate credit reform programs. Section E. Regulations of Government-Sponsored Enterprises (GSEs)-Authority Delegated

(1)With the exception of the income adjustments and determinations under 12 U.S.C. 4502(8)(B), (9), (10)(B), and (19)(B), and the authority and power provided to Administrative Law Judges under 24 CFR 81.82(b)(2) and (b)(3), 81.83(d)(3)-(4), and 81.84, the Secretary delegates to the Assistant Secretary and the General Deputy Assistant Secretary all the power and authority with respect to housing goal activities in 12 U.S.C. 4541 and 4561-89 including, but not limited to: monitoring the GSEs' performance under the housing goals and special affordable subgoals, and enforcing compliance with the housing goals and special affordable subgoals, including determining whether a GSE has failed, or is likely to fail, to meet a housing goal; providing written notices to the GSEs of failure or substantial probability of failure to meet a goal; extending response periods for the GSEs; requiring a housing plan; providing required notices to Congress under the housing goal provisions; reviewing housing plans; approving and disapproving housing plans; monitoring compliance with housing plans; issuing cease-and-desist orders and imposing civil money penalties; requesting the Attorney General to bring actions; settling and depositing civil money penalties; and making orders and agreements publicly available.

(2)With the exception of the authority and power provided to Administrative Law Judges under 24 CFR 81.82(b)(2) and (b)(3), 81.83(d)(3)-(4), and 81.84, the Secretary delegates to the Assistant Secretary and the General Deputy Assistant Secretary all the power and authority with respect to prior approval of new programs under 12 U.S.C. 4542 including, but not limited to: requiring under 24 CFR 81.52 that GSEs submit information about a program and requiring that GSEs submit new program requests; approving and disapproving new program requests; and extending the period for programs of review.

(3)With the exception of the authority and power provided to Administrative Law Judges under 24 CFR 81.82(b)(2) and (b)(3), 81.83(d)(3)-(4), and 81.84, the Secretary delegates to the Assistant Secretary and the General Deputy Assistant Secretary all the power and authority with respect to reporting activities in 12 U.S.C. 1456(e)-(f), 1723a(m)-(n), and 4547, and under 24 CFR 81.102, including but not limited to: determining the form of data submitted; requiring the submission of additional data; requiring additional reports and other information concerning GSE activities; requiring the GSEs to provide data underlying any of the reports required under 24 CFR part 81 and to conduct additional analyses concerning any report required under 24 CFR part 81; to independently verify the accuracy and completeness of data, information, and reports provided by each GSE, including conducting on-site verification when such steps are reasonably related to determining whether a GSE is complying with 12 U.S.C. 4541-4589 and the GSE's Charter Act; determining whether a GSE has failed to provide the certification required under 24 CFR 81.102(b); determining whether a GSE's year-end data contains any errors, omissions, or discrepancies and, if so, if a GSE fails to correct or resolve each error, omission, or discrepancy, making appropriate adjustments to a GSE's year-end data and taking additional enforcement action against a GSE for any material error, omission, or discrepancy in its year-end data under 24 CFR 81.102(c); determining whether there are any errors, omissions, or discrepancies in a GSE's data for a prior year; requiring a GSE to correct any material error, omission, or discrepancy in its data for a prior year and, should a material error, omission, or discrepancy in a GSE's data for a prior year be not corrected by its purchase of a sufficient amount or type of mortgages, issuing a notice that the GSE has failed a housing goal or Special Affordable subgoal for a prior year and seeking additional enforcement remedies and/or pursuing any other available civil or administrative remedies under 24 CFR 81.102(d); taking enforcement action under 24 CFR 81.102(e)(2), if the Assistant Secretary or General Deputy Assistant Secretary determines under 24 CFR 81.102(e)(1) that a GSE has failed to submit data, information, or reports; establishing standards and procedures for and imposing civil money penalties; requesting the Attorney General to bring enforcement actions; settling and depositing civil money penalties; making orders and agreements publicly available; and requesting the Director of the Office of Federal Housing Enterprise Oversight (OFHEO) to bring actions under 12 U.S.C. 4631, 4632, and 12 U.S.C. 4636 for violations of 12 U.S.C. 1456(e)-(f), 1723a(m)-(n), and 4547, and 24 CFR 81.102.

(4)The Secretary delegates to the Assistant Secretary and the General Deputy Assistant Secretary all the power and authority with respect to access to information provided by the GSEs governed by 12 U.S.C. 4525, 4543, and 4546 including, but not limited to: recommending the invocation of 5 U.S.C. 552(b)(3), (4), (5), (6), or (8); and to determine whether mortgage data or other information provided by the GSEs to HUD are proprietary or publicly releasable and to issue any rule, regulation, order, notice, letter, or other document regarding such determinations as may be necessary.

(5)The Secretary delegates to the Assistant Secretary and the General Deputy Assistant Secretary the portion of the Secretary's general regulatory power under 12 U.S.C. 4541 that gives the Secretary the authority to make determinations regarding whether any activity of a GSE is or is not authorized under its Charter Act and to request the Director of the Office of Federal Housing Enterprise Oversight to take action, under 12 U.S.C. 4631(a)(3) and 12 U.S.C. 4632 through 12 U.S.C. 4636, against a GSE that has engaged, is engaging, or is about to engage in any activity that is not authorized under its Charter Act. The authority delegated herein does not include any other portion of the Secretary's general regulatory authority under 12 U.S.C. 4541.

(6)The Secretary delegates to the Assistant Secretary and the General Deputy Assistant Secretary all the power and authority with respect to book-entry procedure activities in 24 CFR part 81, subpart H, including, but not limited to, establishing certain procedures for Federal Reserve Banks and waiving book-entry regulations.

(7)The Secretary delegates to the Assistant Secretary and the General Deputy Assistant Secretary all the power and authority with respect to OFHEO activities in 12 U.S.C. 4513(c), 4516(g)(1)-(2), and 4548(b), including, but not limited to: reviewing and approving certain actions of the OFHEO Director; and receiving and commenting to Congress on OFHEO's financial plans, forecasts, and operations reports. When taking action relating to OFHEO under this paragraph, the Assistant Secretary and the General Deputy Assistant Secretary shall consult with the Secretary.

(8)The Secretary delegates to the Assistant Secretary only, without the power to redelegate, all the power and authority with respect to issuing regulations under the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4501 *et seq.* ) and waiving regulations promulgated under that Act.

(9)The Secretary delegates to the Assistant Secretary and the General Deputy Assistant Secretary the power and authority to take any appropriate action to implement the power and authority delegated under this delegation. Section F. Authority Excepted Authority excepted from this delegation of authority from the Secretary of Housing and Urban Development to the Assistant Secretary and the General Deputy Assistant Secretary is the authority to sue and be sued. Section G. Conclusive Evidence of Authority Any instrument or document executed in the name of the Secretary by an employee of the Department of Housing and Urban Development under the authority of this delegation purporting to relinquish or transfer any right to, title to, or interest in, real or personal property, shall be conclusive evidence of the authority of such employee to act for the Secretary in executing such instrument or document. Section H. Delegations Revoked This delegation supersedes and/or revokes all prior delegations from the Secretary to the Assistant Secretary for Housing-Federal Housing Commissioner and the General Deputy Assistant Secretary for Housing-Deputy Federal Housing Commissioner. Authority: Section 7(d), Department of Housing and Urban Development Act (42 U.S.C. 3535(d)). Dated: September 15, 2006. Alphonso Jackson, Secretary. [FR Doc. E6-16857 Filed 10-11-06; 8:45 am] BILLING CODE 4210-67-P 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: 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 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 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

(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: