[Federal Register Volume 60, Number 51 (Thursday, March 16, 1995)]
[Notices]
[Pages 14294-14295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6464]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
Office of the Assistant Secretary for Fair Housing and Equal
Opportunity
[Docket No. D-95-1083; FR-3804-D-01]
Delegation and Redelegation of Authority
AGENCY: Office of the Secretary; Office of the Assistant Secretary for
Fair Housing and Equal Opportunity (FHEO), HUD.
ACTION: Notice of delegation and redelegation of authority regarding
the civil rights related program requirements (CRRPR's) of HUD
programs.
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SUMMARY: In the delegation portion of this notice, the Secretary of
Housing and Urban Development is delegating to the Assistant Secretary
for Fair Housing and Equal Opportunity the power and authority to make
decisions regarding the civil rights related requirements of HUD
programs. In the redelegation section of this notice, the Assistant
Secretary for Fair Housing and Equal Opportunity redelegates this
authority to the Director, Program Operations and Compliance Center,
for each field office.
EFFECTIVE DATE: March 8, 1995.
FOR FURTHER INFORMATION CONTACT:
Laurence D. Pearl, Director, Office of Program Standards and
Evaluation, telephone (0) 708-088, Department of Housing and Urban
Development, 451 7th Street, SW, Washington, DC 0410. [This is not a
toll-free number.] A telecommunications device for hearing impaired
persons (TDD) is available at 1-800-543-894.
SUPPLEMENTARY INFORMATION: Due to the importance the Department places
upon civil rights enforcement, the Department is making structural
changes to help ensure that recipients under HUD programs comply with
all civil rights related program requirements (also referred to as
``CRRPRs''). This restructuring fits in with the overall HUD field
reorganization intended to improve HUD's performance and provide HUD's
customers--members of the public and program beneficiaries--more
efficient service and less bureaucracy. The changes which shall be
implemented pertain to how the Department, and the Office of Fair
Housing and Equal Opportunity (FHEO), ensure that each party receiving
federal financial assistance or other benefit, as a result of
participation in a HUD program, complies with all civil rights related
program requirements (CRRPRs) of the particular program. In order to
receive benefits, it is essential that participants in HUD programs
comply with the relevant CRRPRs.
It is easy to identify the civil rights related program
requirements for a particular program, but more difficult to provide a
general definition to encompass all CRRPRs. Depending upon the
particular program, there are different sources which identify the
CRRPRs. For example, civil rights related program requirements may be
written into the statute or regulations governing the specific program
at issue. [[Page 14295]] CRRPRs may also be found within such sources
as general civil rights statutes, HUD Notices of Funding Availability
(NOFAs), and Mortgage Letters. The subjects covered under CRRPRs
include but are not limited to such topics as affirmative fair housing
marketing, site and neighborhood standards, assurances or
certifications of compliance with civil rights statutes, and monitoring
recipient performance for compliance with civil rights requirements.
In the past, the Office of Fair Housing and Equal Opportunity,
including the FHEO field staff, played a largely advisory role in
regard to the impact of CRRPRs. In reviewing a HUD program application,
the FHEO field staff would simply advise the HUD program staff in the
field whether an applicant was in compliance with the CRRPRs. In the
event of disagreement between the FHEO staff and program staff
regarding the applicant's compliance with CRRPRs, the Regional
Administrator or Area Manager for the particular office would make the
final decision to resolve the issue.
Because the field reorganization has eliminated the positions of
Regional Administrator and Area Manager, there is no one in the field
offices to resolve such disagreements. Consequently, there is concern
that compliance with CRRPRs will not be adequately considered. However,
the Secretary has concluded that it is most important that HUD program
funds and other benefits are given to applicants who comply with civil
rights related program requirements of HUD programs. This can be
accomplished by giving additional specific authority to the Assistant
Secretary for Fair Housing and Equal Opportunity, at Headquarters, and
to each Director, Program Operations and Compliance Center, in the
field, in determining the status of applicants for or recipients of
federal financial assistance or other benefits with respect to civil
rights related program requirements. Clearly, the function of the
Office of FHEO is to ensure compliance with civil rights requirements.
This responsibility is accomplished not only by having the Office of
FHEO administer and enforce civil rights statutes such as the Fair
Housing Act, but also by having the Office of FHEO participate in
decision making regarding compliance with the civil rights component of
each HUD program.
This change in no way relieves HUD program staff of their
obligation to be attentive to civil rights concerns in the
administration of HUD programs, as reflected in section D of this
delegation. It is designed solely to assure that serious FHEO issues
are thoroughly considered before programmatic decisions are made.
This change also does not affect the rating process for competitive
grant applications. The rating process often includes items of FHEO
concern, such as commitments under section 3 of the Housing and Urban
Development Act of 1968, or past experience in administering housing
with inclusive racial and ethnic patterns. FHEO staff usually rate
those criteria and provide the ratings to field program staff. Nothing
in this delegation would allow FHEO to challenge the award of
competitive assistance based on the program office's assessment of non-
FHEO factors.
Accordingly, the Secretary delegates, and the Assistant Secretary
for FHEO redelegates, authority as follows:
Section A. Authority Delegated
The Secretary of Housing and Urban Development delegates to the
Assistant Secretary for Fair Housing and Equal Opportunity, the power
and authority to determine whether an applicant for, or participant in,
a HUD program is complying with the civil rights related program
requirements (CRRPRs). CRRPRs are requirements of HUD programs relating
to civil rights contained in laws and regulations pertaining to the
particular program, general civil rights statutes, Notices of Funding
Availability (NOFA's), Mortgagee Letters or by other agreement between
the Assistant Secretary for Fair Housing and Equal Opportunity and the
Assistant Secretary who has been delegated authority over the
particular program.
Section B. Authority Redelegated
The Assistant Secretary for Fair Housing and Equal Opportunity
retains the authority delegated from the Secretary of Housing and Urban
Development, pursuant to Section A., above, and redelegates it to each
Director, Program Operations and Compliance Center, for the field
office over which he or she has responsibility.
Section C. No Authority To Redelegate
The authority granted pursuant to Section B., above, may not be
further redelegated pursuant to this delegation and redelegation.
Section D. Authority Excepted From Redelegation
In the event that the Director, Program Operations and Compliance
Center, and the Field office program official who has been redelegated
authority to make funding decisions are not able to agree on the status
of an applicant or participant with respect to a CRRPR, the matter
shall be forwarded to Headquarters and the decision shall be made
jointly by the Assistant Secretary for Fair Housing and Equal
Opportunity and the Assistant Secretary who has been delegated
authority over the particular program. In the event the two Assistant
Secretaries are unable to agree, the matter shall be resolved by the
Secretary.
Authority: Sec. 7(d), Department of Housing and Urban
Development Act [42 U.S.C. 3535(d)].
Dated: March 8, 1995.
Roberta Achtenberg,
Assistant Secretary for Fair Housing and Equal Opportunity.
Henry G. Cisneros,
Secretary of Housing and Urban Development.
[FR Doc. 95-6464 Filed 3-15-95; 8:45 am]
BILLING CODE 4210-28-M
