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GAO-11-458R 1 (2011-03-18)

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T I   IAccountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


          B-321679


          March 18, 2011

          The Honorable Tim Johnson
          Chairman
          The Honorable Richard C. Shelby
          Ranking Member
          Committee on Banking, Housing, and Urban Affairs
          United States Senate

          The Honorable Spencer Bachus
          Chairman
          The Honorable Barney Frank
          Ranking Member
          Committee on Financial Services
          House of Representatives

          Subject: Department of Housing and Urban Development: EmergencyHomeowners'
                  Loan Program

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Department of Housing and Urban Development
          (HUD), entitled Emergency Homeowners' Loan Program (RIN: 2502-AI97). We
          received the rule on March 4, 2011. It was published in the Federal Register as an
          interim rule on March 4, 2011. 76 Fed. Reg. 11,946.

          The interim rule reinstates, with certain modifications, regulations that HUD
          formerly published to serve as the framework by which emergency relief may be
          provided to homeowners experiencing temporary involuntary loss of employment or
          underemployment resulting in a substantial reduction in income due to adverse
          economic conditions, and who consequently are financially unable to make full
          mortgage payments.

          The Congressional Review Act requires major rules to have a 60-day delay in their
          effective date following their publication in the Federal Register or receipt by
          Congress, whichever is later. 5 U.S.C. sect. 801(a)(3)(A). However, notwithstanding
          the 60-day delay requirement, any rule that an agency for good cause finds that
          notice and public procedures are impractical, unnecessary, or contrary to the public
          interest is to take effect when the promulgating agency so determines. 5 U.S.C. sect.
          808(2). HUD stated that since this rule provides for emergency relief to unemployed


GAO- 11-458R

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