[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