DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
ANNUAL REPORT ON MANAGEMENT OF
COMMERCIAL ACTIVITIES
FAIR Act Administrative Challenges and Appeals
The following procedures were established in 1999 for the
administrative appeals process:
·
Inventory recipients are
informed of their rights to submit challenges to HUD’s inventory of commercial
activities and are provided instructions on how to file such challenges;
·
All challenges are
received and logged by the Office of the CFO;
·
Challenges are forwarded
to the appropriate organization(s), based on the subject and nature of the
challenge;
·
The Office of the CFO
provides the challenger with a list of the organizations that would be
responding to the challenge;
·
Each cognizant
organization(s) prepares and transmits its response directly to the challenger,
and provides a copy of the response to the Office of the CFO;
·
Each response informs
the challenger of the right to appeal any adverse decision and provides
instructions for filing appeals;
·
All appeals are received
and logged by the Office of the CFO;
·
As the designated A-76
official for the Department, the CFO determines the disposition of all appeals,
and prepares and transmits the response to each appeal .
For the Year 2001 Inventory, HUD received only one
challenge during the administrative challenge process. The challenge was from the American
Federation of Governmental Employees (AFGE) Council of HUD Locals, 222, and
centered around the inclusion of the following function codes as commercial activities
on HUD’s 2001 FAIR Act inventory:
D606
– Asset Appraisal and Valuation
D708
– Application Receipt/Processing
D709
– Mortgage Underwriting
T804
– Architect-Engineering
D000
– Administrative Support
The AFGE Council of HUD
Locals, 222 contended that the functions were inherently governmental in
nature. The Office of Housing responded
to the challenge, stating that the functions do not constitute applying
government authority or making value judgments for the Government, but rather
require the application of a body of technical knowledge and expertise within
the parameters of established governmental policy. The AFGE Council of HUD Locals, 222 requested reconsideration of
the decision (the request was submitted after the official timeframe for submitting
an appeal). After consideration of the
merits of the request, the Chief Financial Officer upheld the original
determination rendered by the Office of Housing.
Year 2002 Inventory Process
The Year 2002 inventory process was very similar to
previous years’ inventories. To ensure
that the inventory accurately reflected the Department’s baseline
Full-Time-Equivalents (FTEs), each organization was required to categorize,
classify, and report all FTEs, regardless of whether they were performing
commercial or inherently governmental functions. Those FTEs performing inherently governmental functions are
identified by “I” in the status code column of the inventory report. Additionally, in an effort to preempt
attempts to “protect” FTEs through misclassification, each reporting office was
required to provide a written justification for each FTE classified as
performing a function that was inherently governmental or commercial in-house
core in nature. As requested by OMB, a
single report on both commercial and inherently governmental functions was
submitted.
Review Process
Our summary table shows the total FTEs by category for each
major organization within HUD. Please
note that while the President’s Budget shows direct funded and reimbursable
funded FTE levels for the Department, HUD has no FTEs that are funded through
reimbursable agreements. The
reimbursable funded FTEs are all internal.
As indicated in our transmittal, HUD’s inventory was
completed using the on-board staff reported to the National Finance Center for
the pay period ended April 6, 2002, as the baseline Full Time Equivalent (FTE)
data. Also, our inventory is exclusive
of HUD’s Office of Inspector General and the Office of Federal Housing
Enterprise Oversight, and does not include GNMA, which is not covered by FAIR
Act reporting requirements. Therefore,
the total number of FTEs listed on our inventory does not match the total FTEs
published in the President’s Budget.
HUD
Organization
|
Inherently Governmental
FTEs |
Commercial Category A FTEs (1) |
Commercial Category B FTEs (2) |
Commercial Category C FTEs (3) |
Commercial
Category G FTEs (4) |
Total All FTEs |
Housing[1] |
136 |
1230 |
1705 |
68 |
78 |
3217 |
PIH[2] |
122 |
655 |
611 |
110 |
0 |
1498 |
CPD |
158 |
438 |
191 |
39 |
0 |
826 |
Admin |
184 |
165 |
342 |
118 |
0 |
809 |
OFPM[3] |
5 |
618 |
183 |
806 |
||
OGC[4] |
112 |
506 |
0 |
29 |
0 |
647 |
FHEO[5] |
140 |
496 |
0 |
0 |
0 |
636 |
CIO |
18 |
139 |
68 |
10 |
0 |
235 |
CFO |
67 |
0 |
146 |
0 |
0 |
213 |
PD&R |
144 |
0 |
0 |
0 |
0 |
144 |
ODOC[6] |
30 |
62 |
1 |
0 |
0 |
93 |
OSEC |
43 |
0 |
0 |
0 |
0 |
43 |
CIR |
23 |
0 |
0 |
0 |
0 |
23 |
Public
Affairs |
15 |
0 |
0 |
0 |
0 |
15 |
OHHLHC |
12 |
0 |
0 |
14 |
0 |
26 |
Faith-Based |
4 |
0 |
0 |
0 |
0 |
4 |
Total
HUD Inventory |
1213 |
4309 |
3247 |
388 |
78 |
9235 |
HUD
% |
13.14% |
46.66% |
35.16% |
4.20% |
0.84% |
100% |
|
|
|
|
|
63 |
NOTES:
[1] Due to realignment, OMHAR
FTEs shown separately on the Year 2001 inventory are now included in Housing’s
total.
[2] Due to realignment, REAC
FTEs shown separately on the Year 2001 inventory are now included in PIH’s
total.
[3] OFPM was included under ODOC
(see footnote 6) for the Year 2001 inventory and includes FTEs that have now
been redeployed.
[4] Due to realignment, DEC FTEs
shown separately on the Year 2001 inventory are now included in OGC’s total.
[5] Due to realignment, ODEEO
FTEs shown separately on the Year 2001 inventory are now included in FHEO’s
total.
[6] Due to realignment, OFPM
FTEs included in ODOC’s total on the Year 2001 inventory are now shown
separately.
[7] GNMA is not covered by the
FAIR Act reporting requirements.