[Federal Register Volume 68, Number 139 (Monday, July 21, 2003)]
[Notices]
[Page 43155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18362]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4837-D-23]


Delegation of Authority Under Section 504 of the Rehabilitation 
Act of 1973

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of delegation of authority.

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SUMMARY: Through this notice, the Secretary of HUD is delegating to the 
Assistant Secretary for Fair Housing and Equal Opportunity (FHEO) all 
authority to act as the ``responsible civil rights official'' and the 
``reviewing civil rights official'' with respect to section 504 of the 
Rehabilitation Act of 1973. The Secretary revokes all previous 
delegations of this authority made by the Secretary.

EFFECTIVE DATE: July 9, 2003.

FOR FURTHER INFORMATION CONTACT: Milton Turner, Director, Compliance 
and Disability Rights Division, Office of Fair Housing and Equal 
Opportunity, Room 5240, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410-0001, telephone: (202) 
708-2333. (This is not a toll-free number.) Hearing- and speech-
impaired individuals may access this number through TTY by calling the 
toll-free Federal Information Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: In a notice published June 2, 1988 (53 FR 
20253), the Secretary delegated to the Assistant Secretary for FHEO the 
authority to act as the ``responsible civil rights official'' with 
respect to section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 
794) and the implementing regulations in 24 CFR part 8 (the section 504 
authority). In the June 2, 1988, notice, the Secretary also delegated 
to the Assistant Secretary for FHEO the authority to redelegate the 
section 504 authority ``to the Regional Directors of FHEO and to the 
Director of the Office of Program Compliance, except for the authority 
to issue a preliminary finding of non-compliance under 24 CFR 
8.56(g)(1).'' The Secretary delegated to the Under Secretary (now 
referred to as the Deputy Secretary) the authority to act as 
``reviewing civil rights official.'' By notice published December 18, 
1989 (54 FR 51804), the Secretary revoked the June 2, 1988, delegation 
to the Under Secretary and delegated to the Assistant Secretary for 
FHEO the authority to act as ``reviewing civil rights official'' with 
no further authority to redelegate this authority. A notice published 
March 22, 1991 (56 FR 12302), stated that the remaining delegation of 
authority to the Assistant Secretary for FHEO had been revoked on June 
2, 1988, and therefore, the March 22, 1991, notice delegated to the 
Assistant Secretary for FHEO the authority to act as ``responsible 
civil rights official'' and to redelegate this authority.
    Through this notice, the Secretary revokes all prior delegations of 
section 504 authority, and delegates this authority to the Assistant 
Secretary for FHEO.
    Accordingly, the Secretary delegates authority as follows:

Section A. Authority Delegated

    The Secretary of HUD delegates to the Assistant Secretary for FHEO 
all authority to act as the ``responsible civil rights official'' and 
the ``reviewing civil rights official'' as provided in HUD's 
regulations in 24 CFR part 8, ``Nondiscrimination Based on Handicap in 
Federally-Assisted Programs and Activities of the Department of Housing 
and Urban Development.''

Section B. Authority Revoked

    All prior delegations of section 504 authority made by the 
Secretary are revoked. These include, but are not limited to, the 
delegations published on December 18, 1989 (54 FR 51804), and March 22, 
1991 (56 FR 12302).

Section C. Authority To Redelegate

    The Assistant Secretary for FHEO may not redelegate the authority 
to issue or to waive regulations. The Assistant Secretary for FHEO may 
redelegate the authority to act as ``responsible civil rights 
official'' under 24 CFR part 8 to the General Deputy Assistant 
Secretary for FHEO, to the Deputy Assistant Secretary for Enforcement 
and Programs, to the Director of the Office of Enforcement, and to the 
FHEO Hub Directors, and may authorize successive redelegations.
    The Assistant Secretary for FHEO may redelegate the authority to 
act as ``reviewing civil rights official'' to the General Deputy 
Assistant Secretary for FHEO, to the Deputy Assistant Secretary for 
Enforcement and Programs, and to the Director of the Office of 
Enforcement, however, the Director of the Office of Enforcement is only 
authorized to act as ``reviewing civil rights official'' for FHEO Hub 
Directors.

    Authority: Section 7(d) of the Department of Housing and Urban 
Development Act (42 U.S.C. 3535(d)).

    Dated: July 9, 2003.
Mel Martinez,
Secretary.
[FR Doc. 03-18362 Filed 7-18-03; 8:45 am]
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