HUD's FY99 Budget
Congressional Justifications
Fair Housing and Equal Opportunity

Salaries and Expenses

Budget Activity 6: Fair Housing and Equal Opportunity SCOPE OF ACTIVITY The Assistant Secretary for Fair Housing and Equal Opportunity is responsible for administrative enforcement of the Fair Housing Act and ensuring that HUD programs promote fair housing and comply with civil rights laws. WORKLOAD The principal workload of Fair Housing and Equal Opportunity consists of processing and investigating housing discrimination complaints, implementing civil rights requirements in HUD programs, conducting compliance reviews, managing grants to fair housing organizations and reimbursement of fair housing agencies for investigating housing discrimination complaints and implementing voluntary programs. 1. HEADQUARTERS The Immediate Office of the Assistant Secretary. The Assistant Secretary is responsible for fair housing and civil rights policy, enforcement of the fair housing and equal opportunity laws within HUD's jurisdiction, and management of the Office of Fair Housing and Equal Opportunity. The Assistant Secretary supervises the General Deputy Assistant Secretary, Deputy Assistant Secretary for Operations and Management, the Deputy Assistant Secretary for Enforcement and Programs, the Director of the Office of Policy and an immediate staff of five. Office of Policy and Program Evaluation. The Office of Policy and Program Evaluation serves as the central point for the formulation, clearance and dissemination of all FHEO policies, intra-departmental, evaluation, external, and all public information (internal and external) regarding FHEO, and is directly responsible for the design and development of voluntary compliance programs and FHEO's fair lending oversight of Fannie Mae and Freddie Mac. The Office is responsible for evaluating various FHEO programs, policies, procedures and initiatives through studies and reviews to determine the effectiveness and make recommendations, as appropriate. The Office prepares major statements of policy, coordinates the development of regulations, notices and other policy instruments, prepares major policy statements for the Assistant Secretary, reviews all public presentations involving existing, new or proposed enforcement, compliance, affirmatively furthering of fair housing and voluntary civil rights program policy. Field Oversight Staff. The Field Oversight staff provides staff support to the General Deputy Assistant Secretary, to whom the HUB Directors report. It is the primary point of contact between the field and FHEO Headquarters. As such it is responsible for advising and assisting the General Deputy Assistant Secretary on all matters relating to implementation of FHEO programs and activities in Field Offices, including rating the performance of HUB Directors. The staff is responsible for: communicating to the field FHEO policy which is developed by the Headquarters program offices in consultation with the Office of Policy; monitoring field performance; and coordinating the provision of technical assistance related to enforcement, program operations and compliance matters in consultation with the Office of Programs and the Office of Investigations. Where management and budget issues are concerned, the staff consults with the Office of Management and Planning. Fort Worth Fair Housing Office. The Fort Worth Fair Housing Office is responsible for ensuring that the Department complies with the various court orders that came out of the Young v. Cuomo case. The Office also assures that funds are properly used to comply with the court ordered and HUD approved desegregation plans for 70 PHA�s in East Texas. Additionally, the office monitors and provide technical assistance to the 36-county area of East Texas as identified in Young v. Cuomo, and take corrective action when necessary. Office of the Deputy Assistant Secretary for Enforcement and Programs. The Deputy Assistant Secretary for Enforcement and Programs has the responsibility of making recommendations or decisions as appropriate on enforcement matters arising under: the Federal Fair Housing Act; Title VI of the Civil Rights Act of 1964; Executive Order 11063; Section 109 of the Housing and Community Development Act 1974; Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act and the Age Discrimination Act of 1975. It manages the Fair Housing Assistance Program and makes recommendations or decisions as appropriate on all matters related to the investigation of complaints. In addition, it is responsible for the disability policy and administering the award and management of Fair Housing Initiatives Program grants and negotiating and implementing voluntary fair housing compliance programs. Office of Programs. The Office of Programs is responsible for the development and application of civil rights related program requirements to ensure that HUD programs embody fair housing and equal opportunity objectives; making recommendations or decisions as appropriate on enforcement matters arising under Title VI of the Civil Rights Act of 1964; Section 109 of the Housing and Community Development Act of 1974; Section 504 of the Rehabilitation Act of 1973; Section 3 of the Housing and Urban Development Act of 1968; and the Americans with Disabilities Act. Program Standards Division. The Program Standards Division is responsible for developing Fair Housing policy, participating in the development, implementation and program management and administration of programs, (e.g., fair housing planning); and for reviewing all proposed legislation, regulations, handbooks, notices and other issuances relating to the administration of HUD programs and recommending appropriate revisions to such documents to implement applicable civil rights laws and Executive Orders. The Division is the focal point for implementing the Secretary's responsibility for assuring that all HUD programs affirmatively further fair housing. Fair Housing Assistance and Fair Housing Initiatives Programs Support Division. The FHIP/FHAP Support Division, located in the Office of Programs, is responsible for FHEO funded program activities under the Fair Housing Initiatives Program (FHIP) and the Fair Housing Assistance Program (FHAP). The FHIP is a competitive grants program designed to prevent or eliminate discriminatory housing practices. The FHAP provides funding to assist substantially equivalent State and local agencies in case processing, training, education and outreach, providing and improving agency data and information systems, and capacity building activities. Office of Enforcement. The Office of Enforcement is responsible for developing policies and guidance and providing technical support for enforcement of the Fair Housing Act, and the program civil rights statues, including Title VI of the 1964 Civil Rights Act, Section 504 of the 1973 Rehabilitation Act, the Architectural Barriers Act, Section 109 of the Housing and Community Development Act of 1974, and the Age Discrimination Act of 1975, as well as executive orders. It is responsible for national coordination of investigative and conciliation practices, providing policy and guidance through written materials and technical assistance to the field, and with ensuring that national priorities are established and maintained. Fair Housing Enforcement Support Division. This Division is responsible for developing standards, regulations, rules, guidelines and handbooks for the implementation of Title VIII of the Civil Rights Act of 1968. Formulates and carries out the Secretary�s responsibility for systemic and Secretary-initiated cases which are the most complex, controversial, or sensitive fair housing civil rights cases. It also provides technical assistance and reviews cases submitted by Enforcement Centers for determination and recommends issuance of appropriate dispositions. In addition, the Division has responsibility relating to liaison and technical assistance to the Office of General Counsel. Program Compliance and Disability Rights Support Division. The Program Compliance and Disability Rights Support Division is responsible for the development of policies and procedures for assuring compliance by recipients of HUD financial assistance with Title VI of the Civil Rights Act of 1964, Section 109 of the Housing and Community Development Act of 1974; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title II of the Americans with Disabilities Act of 1990; and the Architectural Barriers Act of 1968. In addition, the Division formulates and communicates compliance standards for the design, construction and alteration of housing and other buildings to meet the requirements for accessibility imposed by the Fair Housing Amendments Act of 1988 and Section 504 of the Rehabilitation Act of 1973. Office of the Deputy Assistant Secretary for Operations and Management. The Office of the Deputy Assistant Secretary for Operations and Management is responsible for the development, direction, and supervision of the Office of Fair Housing and Equal Opportunity's operations and management functions. This responsibility includes: (a) utilization of resources to achieve equal opportunity goals; (b) personnel and training; (c) staff allocation; (d) performance of technical and management evaluations; (e) budget formulation and execution; and (f) contract administration. The Office of the Deputy Assistant Secretary includes the Office of Management and Planning and the Office of Information Services and Communication. Office of Information Services and Communication. This Office is responsible for all automation (computer) related activities and correspondence of Fair Housing and Equal Opportunity. It is the FHEO component that performs primary liaison and coordination activities with the Technology Support Division. The Office participates as a voting member of the Departmental Technical Investment Board (TIB); develops and executes the FHEO proposed automation projects budget; tracks the timeliness of the completion of all Congressional, White House, Secretarial, Freedom of Information Act (FOIA) requests and internal FHEO correspondence; edits and reviews out-going correspondence for conformance with Departmental standards; and maintains chronological files of all outgoing signature correspondence. 1. Technology Support Staff. The staff provides technical support to all FHEO offices in Headquarters and in Field Offices. In performing this activity, the staff assures that offices are provided necessary hardware equipment, software and access to systems necessary to carry out the duties of FHEO; works extensively with FHEO program offices to understand the automation requirements necessary to assure that systems are developed and/or engineered to support program activity and that information collected provides for accounting for workload accomplishment and translates "program jargon" to technical jargon to assure that IT (technical staff) can develop systems, applications or programs that meet the stated requirement. The staff is also responsible for responding to all systems data related FOIA requests as well as internal requests from FHEO management; developing and providing training for all systems/applications implementation activities as well as training on correspondence procedure; providing on-site technical support and guidance to Office Directors tasked with responding to court orders or consent decrees when the Department is a party in various litigation throughout the country, maintenance of cc:Mail list for various groups to facilitate ease of communication and Internet Fair Housing Page content. Office of Management and Planning. The Office of Management and Planning is responsible for providing and coordinating the management, administrative, budgeting and program evaluation and planning functions of the Office of Fair Housing and Equal Opportunity (FHEO). The Office supports the program components of FHEO through budget preparation and administration; development and implementation of program management and performance evaluation and planning systems; administration of personnel services; interpretation of rules, regulations, standards, and guidelines related to personnel, labor/management, and procurement; liaison with the Office of the Inspector General to coordinate actions related to internal program audits and investigations; and liaison with the Chief Financial Officer on management controls and financial matters. In addition, the Office is responsible for program, technical and managerial training, and the development of training with industry groups and partners. It is also responsible for management planning including the development of Headquarters and Field Management plans, management controls, vulnerability and front-end risk assessments, coordination and implementation of the Government Performance Results Act (GPRA), and Secretary's Performance Report. Other responsibilities of the Office include the management of internal and external audits, the institution of internal controls, identification of management or operational deficiencies and the development of recommendations to alleviate such deficiencies. Budget and Administrative Support Division. The Budget and Administrative Support Division is responsible for budget formulation and execution activities, contract administration, personnel and management services and labor/employee relations. The Division is responsible for formulating, reviewing and evaluating plans, standards and basic procedures on budget formulation, presentation and execution, including the administrative control of funds, procurement, and contracts. The Division is also responsible for developing and administering administrative support services for management of issuances, delegations, regulations, reports, forms, staff development, position management, internal FHEO affirmative action matters, office services, and grievances. 2. FIELD The Fair Housing and Equal Opportunity HUB combines the fair housing enforcement and the program operations and compliance activities. The HUB is responsible for administering the Department's programs in connection with equal opportunity and civil rights including those covered under Title VIII of the Civil Rights Act of 1968, as amended; Title VI of the Civil Rights Act of 1964, Section 109 of the Housing and Community Development Act of 1974, as amended, Section 504 of the Rehabilitation Act of 1973, Section 3 of the Housing and Urban Development Act of 1968, the Americans with Disabilities Act, the Age Discrimination Act, and relevant Executive Orders. The field organization will be made up of ten HUB geographic areas or territories with a HUB director supervising all FHEO functions for each geographic area. Each geographic area will be subdivided into 1 or more Program Centers headed by a Program Center director who will likewise be responsible for carrying out all of the FHEO functions. The Program Center directors will have the capability of subdividing supervision with regard to the program/compliance functions and the enforcement function. At the HUB director�s office there will be an intake function for the entire geographic area as well as special assistants and clerical support. Formal intake of complaints to be subsequently reassigned to the Program Centers will be formally accomplished in the Office of the HUB Director. The functions of the HUB director will be basically to: (1) ensure that all staff in the geographic area are working consistently and cooperatively to carry out the mission of civil rights protection in program delivery and enforcement responsibilities as defined by statute; (2) ensure an appropriate allocation and deployment of resources throughout the geographic area with regard to general and specialty functions as required; (3) serve as the point of contact on all major policy issues regarding HUD's civil rights responsibilities within that geographic area and beyond, particularly with appropriate Headquarters offices. This includes interaction with the Secretary�s Representatives and other high program directors to carry out "Community First" and "Place-Based" approaches on behalf of HUD�s mission; (4) serve as point of appeals, in consultation with Headquarters, for all Civil Rights Related Program Requirements and compliance determinations made by the Program Center Directors. The functions of the Program Center Directors are: (1) to supervise the assigned Civil Rights Analysts and investigative staff assigned to the Program Center; (2) to ensure an appropriate allocation and deployment of resources throughout the Program Center with regard to general and specialty functions as required; (3) to serve as the point of contact on all major policy issues regarding HUD's civil rights responsibilities within that Program Center; (4) to work closely with the HUB director with regard to clarifications of policy and sensitive matters that have implications beyond the Program Center and require Headquarters involvement; (5) to interact routinely with the Program Directors to carry out Community First and Place Based approaches for the sake of implementing FHEO�s mission. TRAVEL

The 1998 Budget for Fair Housing and Equal Opportunity (FHEO) proposes a total funding level of $1,239 thousand for Headquarters and Field travel. Of this total, $496 thousand will support Headquarters travel and $743 thousand will support Field travel. The $1,379 thousand proposed for fiscal year 1999 represents an increase of $140 thousand over the 1998 current estimate and represents continual support of management reform activities. CONTRACTS

The following table identifies the specific contracts required and is followed by a description of each. Data and Statistical Services. These funds represent the cost of gathering data and related categorizing of such data in support of Departmental studies, evaluations and reports, and includes items such as census materials, construction and manufacturing data. In addition, these contracts will be executed to develop a data collection system for Section 504 and the Regional Opportunity Counseling program, and to prepare monitoring reports and meet technical assistance needs for Field Offices that are implementing the Regional Opportunity Counseling Initiative. The increase in 1999 of $600 thousand is to monitor Fannie Mae and Freddie Mac for compliance with fair lending laws. This includes examining collection of data from Federal, State and local agencies regarding lender violations of fair lending laws and reviewing and comparing GSE appraisal policies and practices to determine whether any have a disparate impact on protected classes. Public Information Services. The Department plans to continue it�s efforts in developing and disseminating information on fair housing issues to the public. These services will be expanded to accommodate the submission of Fair Housing Initiatives Program work products and the increase in user requests based on greater familiarity with the services provided. The increase in 1999 of $361 thousand is associated with the Government Performance and Results Act of 1993, (GPRA) which includes the establishment of performance measures to achieve a measurable outcome and to assess the results of FHEO�s programs as compared to their intended purpose. This includes Architectural Consultant services to assist the Department in meeting provisions of 42 USC 3504 (f)(5) which requires the Department to provide technical assistance to State and local agencies to educate and enforce Fair Housing Act new construction requirements and environmental activities to identify and profile all assisted and public housing developments. Technical Services. The Department will enter into contracts to provide the support needed to address in-house complaint investigations, provide technical expertise on more complex issues and expand services by reinforcing ways in which supervisors can ensure that investigations meet a very high standard of quality by addressing both the substantive content and the efficiency and timeliness of investigations and compliance reviews. In addition, FHEO will continue its contract for testing which is used as an investigative tool and continue funding a contract for technical assistance needed in the preparation of the annual report to Congress on the nature and extent of progress in eliminating discriminatory housing practices in the Nation. The amount requested also includes an interagency agreement with the Department of Labor to negotiate indirect costs and provide training for FHIP grantees, HUD personnel and management contractors and funds to continue the services under the Department�s contract for Sign Language Interpreting Service. It also support a Business Process Redesign (BPR) project for FHEO Field program and compliance activities. This BPR, when implemented, will provide timely and consistent management of program operations and compliance reviews and achieve more efficiency of operations with fewer employees. The $1,850 thousand proposed for fiscal year 1999 represents an increase of $1,164 thousand over the 1998 current estimate. This increase will support continual training of FHEO personnel on new software applications associated with the Title VIII BPR project and the operation onto the Internet/Intranet platform; and provide funding for the second phase of the new audit-based testing initiative that will be conducted in 20 geographic areas; and also support HUD management reform activities.