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5 Docket Call 1 (1970)

handle is hein.journals/dcktcll5 and id is 1 raw text is: ,lished by Section of General Practice. American Bar Association A FIVE-MINUTE TOUR OF HUD* CHARLES L. EDSON Chief, Research and Opinions Branch Office of Housing Assistance Counsel in the Office of General Counsel Department of Housing and Urban Development A recent applicant for the General Counsel's staff of the Department of Housing and Urban Development (HUD) stated he wanted the job because of his interest in food and drug law enforcement. He was not the first person to mistake HUD for HEW-the Department of Health, Education, and Welfare. A Justice of the Supreme Court of the United States fell victim to the same alphabetical confusion during the oral argument of a case involving a HUD regulation. HUD's relative youth accounts for much of this un- familiarity; the Department only dates back to late 1965.1 However, HUD is basically old wine in a new bottle2 comprised as it is of various federal agencies dating as far back as the 1930's (e.g., Federal Housing Administration (FHA), 1siblic Housing Administration (PHA)) that were loosely nfederated in the old Housing and Home Finance Agency (HHFA). Upon establishment of the Department, these en- tities moved in basically unscathed and continued to have a life of their own.3 Thus, in announcing a new HUD structure in November, 1969, Secretary Romney pointedly referred to the change as the organization not the reorganization of the Department.4 This article seeks to guide the outsider through HUD, as recently organized, identifying the Department's various activi- ties along the way. Space does not permit a partial, much less full, explanation of any of the programs. Generally, however, federal officials will gladly explain the workings of their programs-if you can find the right official. In addition to aiding in the search, this article sets forth the welter of initials, statutory section numbers, and jargon which comprise the mother-tongue of HUD insiders. (These phrases will be (continued on page 6) *NOTE: The views expressed herein represent those of the author only and do not necessarily express the position of the Department of Housing and Urban Development. 1. Congress established the department by enacting the Housing and Urban Development Act of 1965 (Pub. L. 89-174) 42 U.S.C. 3531. 2. And a new building, an attractive dog-biscuit shaped edifice in Southwest Washington. 3. See generally D. Ink, The Department of Housing and Urban evelopment Building a New Federal Department, LAW AND CON- EMP. PROBLEMS (Summer 1967) 375. 4. Thus the Handbook describing the changes is entitled ORGANI- ZATION OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, 1100.3 (November 1969). ADMINISTRATIVE PRACTICES AND PROCEDURE UNDER TITLE VI OF THE CIVIL RIGHTS ACT, 1964 WILLIAM F. ABLE* Due to the ever expanding activities of the Department of Health, Education and Welfare under Title VI of the Civil Rights Act of 1964, it might be of interest to members of the Section of General Practice to have an opportunity to survey compliance procedures under Title VI. The Office for Civil Rights has the responsibility for enforcing Title VI. The Rules Of Practice And Procedure are found, generally in 45CFR, Part 81, as amended. Section 601 of Title VI declares: No person in the United States shall, on the ground of race, color or national origin, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Section 602 of the Act sets forth the means to effectuate the provisions of Section 601, and it is pursuant to Section 602 that the Guidelines, hereinafter discussed, are issued. The Regulations issued by the Secretary of Health, Education and Welfare are contained in the Code of Federal Regulations. Subsequent to the adoption of the Civil Rights Act of 1964, school districts or political entities responsible for the estab- lishment and organization of educational systems which had previously operated a dual school system pursuant to statute of the state or political entity involved were required to submit a form 441-B promising to comply with the Civil Rights Act and the Department Guidelines, a plan for approval by the Office for Civil Rights, or a final Federal Court Order for desegregation. Those so operating on a racially segregated basis pursuant to state statute were called de jure systems. The Department of Health, Education and Welfare and its Office for Civil Rights also issued a series of standards, criteria or suggestions commonly called Guidelines. In the guidelines of 1966, the Department set forth basis requirements for all voluntary desegregation plans which were designed to assist in the elimination of the dual school system as expeditiously as possible. There were specific standards, or guidelines, for conducting a freedom of choice type plan if such was the desire of the school district. Advertisements had to be run in newspapers and letters with choice forms mailed to the various students and/or their parents. In the meantime, the Office for Civil (continued on page 4) * Copyright 1969. VolIu me V., Nu mber 1 M ar ch, 1970

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