[Federal Register Volume 68, Number 139 (Monday, July 21, 2003)]
[Notices]
[Page 43156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18363]



[[Page 43156]]

-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4837-D-25]


Revocation and Delegation of Authority Under the Age 
Discrimination Act of 1975

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of revocation and delegation of authority.

-----------------------------------------------------------------------

SUMMARY: Through this notice, the Secretary of HUD is delegating to the 
Assistant Secretary for Fair Housing and Equal Opportunity (FHEO) 
authority, with noted exceptions, to act with respect to the Age 
Discrimination Act of 1975. The Secretary revokes all prior delegations 
of this authority made by the Secretary.

EFFECTIVE DATE: July 7, 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: The Age Discrimination Act of 1975, 42 
U.S.C. 6101-6107 (the Act), prohibits any person from being excluded 
from participation in, denied the benefits of, or subjected to 
discrimination under any program or activity receiving federal 
financial assistance. The Act does not apply to any age distinction 
established under authority of any law which provides benefits or 
establishes criteria for participation on the basis of age or in age-
related terms, nor does it apply when an explicit age distinction is 
necessary to the normal operation of a program or to the achievement of 
the statutory objective of a program. On November 4, 1980 (45 FR 
73454), HUD published a proposed rule to implement regulations for the 
Act in 24 CFR part 146, captioned ``Nondiscrimination on the Basis of 
Age in HUD Programs or Activities Receiving Federal Financial 
Assistance.'' On December 17, 1986 (51 FR 45264), HUD published the 
final rule implementing the Act with respect to HUD programs and 
activities. In the regulations, the standards and duties of the 
Secretary and HUD to prevent and correct incidents of age 
discrimination are enumerated.
    Accordingly, the Secretary delegates authority to ensure compliance 
and enforcement with the Act as follows:

Section A. Authority Delegated

    The Secretary of HUD delegates to the Assistant Secretary for FHEO 
authority to act with respect to the Age Discrimination Act of 1975 (42 
U.S.C. 6101-6107) and its implementing regulations in 24 CFR part 146. 
The authority delegated in this notice does not include authority as 
provided in 24 CFR 146.39, 146.47(a), and 146.49.

Section B. Authority Revoked

    The Secretary revokes all prior delegations of authority made by 
the Secretary with respect to the Age Discrimination Act of 1975 or its 
implementing regulations, or both.

Section C. Authority To Redelegate

    The Assistant Secretary for FHEO may redelegate the authority 
delegated through this notice, except for the authority to issue 
regulations or to waive regulations, 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.

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

    Dated: July 7, 2003.
Mel Martinez,
Secretary.
[FR Doc. 03-18363 Filed 7-18-03; 8:45 am]
BILLING CODE 4210-32-P