[Federal Register Volume 61, Number 131 (Monday, July 8, 1996)]
[Notices]
[Pages 35803-35804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17175]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity
[Docket No. FR-4102-D-01]


Redelegation of Authority; Waiver of Directives

AGENCY: Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity, HUD.

ACTION: Notice of redelegation of authority.

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SUMMARY: In this notice, the Assistant Secretary for Fair Housing and 
Equal Opportunity redelegates to the Secretary's Representatives for 
HUD's Field Offices the same waiver authority of directives and 
handbook provisions pertaining to fair housing and equal opportunity in 
Department programs, as provided to the FHEO Program Directors in the 
HUD Field Offices. The Secretary's Representatives may further 
redelegate the authority to waive directives and handbook provisions to 
State and Area Coordinators within their geographic area.

EFFECTIVE DATE: June 28, 1996.

FOR FURTHER INFORMATION CONTACT:
Susan Forward, Deputy Assistant Secretary for Enforcement and 
Investigations, Office of FHEO, Department of Housing and Urban 
Development, Room 5106, 451 7th Street, SW, Washington, DC 20410, 
telephone numbers (202) 708-4211 (voice), (202) 708-1455 (TTY). These 
are not toll-free numbers.

SUPPLEMENTARY INFORMATION: The purpose of this redelegation is to 
provide Secretary's Representatives with the same authority to waive 
directives, including handbook provisions, redelegated to FHEO Program 
Directors in the Field Offices, and with the authority to further 
redelegate to State and Area Coordinators. This redelegation does not 
supersede the Department's Statement of Policy published on April 22, 
1991, at 56 FR 16337, entitled ``Waiver of Regulations and Directives 
Issued by HUD.''
    Department directives mandated by statute, executive order, or 
regulation, and those related to civil rights compliance and 
enforcement are not within this redelegation. The Secretary is the 
ultimate repository of the authority both to issue and to waive the 
regulations of the Department. Typically the authority to issue 
regulations is delegated to an Assistant Secretary or official of 
equivalent rank. Under section 7(q) of the Department of Housing and 
Urban Development Act, 42 U.S.C. 3535(q), the Secretary may not 
delegate the authority to waive a regulation below the Assistant 
Secretary rank. This prohibition even includes individuals who have 
been delegated authority concurrent with the Assistant Secretary. Under 
circumstances prescribed in the policy statement, the General Counsel 
must concur on proposed waivers of regulations subject to section 7(q) 
of the HUD Act.
    Under HUD's policy statement on waiver of regulations and 
directives, Directive means a Handbook (including a change or 
supplement), notice, interim notice, special directive, and any other 
issuance that the Department may classify as a directive. Handbook 
means a directive that communicates information of a permanent nature 
(including clarification of policies, instructions, guidance, 
procedures, forms, and reports) for HUD staff or program participants. 
Its permanent nature distinguishes a Handbook from other temporary HUD 
directives such as notices.
    As part of the Department's continued commitment to empowering 
communities, the Assistant Secretary for Fair Housing and Equal 
Opportunity is redelegating in this document additional authority to 
the Secretary's

[[Page 35804]]

Representatives. Each Secretary's Representative is redelegated limited 
authority to issue waivers of Department directives, including handbook 
provisions, concerning fair housing and equal opportunity in Department 
programs for the geographic area for which the Secretary's 
Representative is responsible. The Secretary's Representative is 
concurrently redelegated the same authority to waive Department 
directives concerning fair housing and equal opportunity in Department 
programs as resides with the Directors of FHEO for the Field Offices in 
the geographic area. The Program Director and the Secretary's 
Representative must jointly concur in all requests for waivers, whether 
the request is granted or denied. If the Secretary's Representative and 
the Program Director do not agree, the matter will be referred to the 
Assistant Secretary for FHEO for resolution. If the Secretary's 
Representative further redelegates his or her authority to a State and 
Area Coordinator, and the Program Director and State and Area 
Coordinator disagree on a waiver request, the State and Area 
Coordinator will refer the matter to the Secretary's Representative.
    Accordingly, the Assistant Secretary for Fair Housing and Equal 
Opportunity redelegates as follows:

Section A. Authority redelegated

    The Assistant Secretary for Fair Housing and Equal Opportunity 
concurrently redelegates to each Secretary's Representative the 
following authority to waive Department directives, including handbook 
provisions, concerning fair housing and equal opportunity in Department 
programs for the geographic area for which the Secretary's 
Representative is responsible. This authority includes the same 
authority to waive directives pertaining to fair housing and equal 
opportunity in Department programs as is redelegated to Directors of 
FHEO in the geographic area. Each waiver granted shall be in writing, 
specify the grounds for the waiver, and shall be transmitted in writing 
to the Assistant Secretary for FHEO. The Assistant Secretary for FHEO 
will publish any changes or amendments to its redelegations of 
authority to Directors of FHEO in the field.

Section B. Authority to further redelegate

    The authority redelegated pursuant to Section A., above, may be 
further redelegated to the State and Area Coordinators for the 
geographic region of the Secretary's Representative. If the Secretary's 
Representative redelegates this authority to a State and Area 
Coordinator, the redelegation shall include the requirement that each 
waiver granted shall be in writing, specify the grounds for the waiver, 
and shall be transmitted in writing simultaneously to the appropriate 
Secretary's Representative and to the Assistant Secretary for FHEO.

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

    Dated: June 18, 1996.
Elizabeth K. Julian,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 96-17175 Filed 7-5-96; 8:45 am]
BILLING CODE 4210-28-M