[Federal Register Volume 59, Number 13 (Thursday, January 20, 1994)]
[Presidential Documents]
[Pages 2939-2943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1532]
[[Page Unknown]]
[Federal Register: January 20, 1994]
Presidential Documents
Executive Order 12892 of January 17, 1994
Leadership and Coordination of Fair Housing in
Federal Programs: Affirmatively Furthering Fair Housing
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in accordance with the Fair Housing Act,
as amended (42 U.S.C. 3601 et seq.) (``Act''), in order
to affirmatively further fair housing in all Federal
programs and activities relating to housing and urban
development throughout the United States, it is hereby
ordered as follows:
Section 1. Administration of Programs and Activities
Relating to Housing and Urban Development.
1-101. Section 808(d) of the Act, as amended, provides
that all executive departments and agencies shall
administer their programs and activities relating to
housing and urban development (including any Federal
agency having regulatory or supervisory authority over
financial institutions) in a manner affirmatively to
further the purposes of the Act and shall cooperate
with the Secretary of Housing and Urban Development to
further such purposes.
1-102. As used in this order, the phrase ``programs and
activities'' shall include programs and activities
operated, administered, or undertaken by the Federal
Government; grants; loans; contracts; insurance;
guarantees; and Federal supervision or exercise of
regulatory responsibility (including regulatory or
supervisory authority over financial institutions).
Sec. 2. Responsibilities of Executive Agencies.
2-201. The primary authority and responsibility for
administering the programs and activities relating to
housing and urban development affirmatively to further
fair housing is vested in the Secretary of Housing and
Urban Development.
2-202. The head of each executive agency is responsible
for ensuring that its programs and activities relating
to housing and urban development are administered in a
manner affirmatively to further the goal of fair
housing as required by section 808 of the Act and for
cooperating with the Secretary of Housing and Urban
Development, who shall be responsible for exercising
leadership in furthering the purposes of the Act.
2-203. In carrying out the responsibilities in this
order, the head of each executive agency shall take
appropriate steps to require that all persons or other
entities who are applicants for, or participants in, or
who are supervised or regulated under, agency programs
and activities relating to housing and urban
development shall comply with this order.
2-204. Upon receipt of a complaint alleging facts that
may constitute a violation of the Act or upon receipt
of information from a consumer compliance examination
or other information suggesting a violation of the Act,
each executive agency shall forward such facts or
information to the Secretary of Housing and Urban
Development for processing under the Act. Where such
facts or information indicate a possible pattern or
practice of discrimination in violation of the Act,
they also shall be forwarded to the Attorney General.
The authority of the Federal depository institution
regulatory agencies to take appropriate action under
their statutory authority remains unaffected.
Sec. 3. President's Fair Housing Council.
3-301. There is hereby established an advisory council
entitled the ``President's Fair Housing Council''
(``Council''). The Council shall be chaired by the
Secretary of Housing and Urban Development and shall
consist of the Secretary of Health and Human Services,
the Secretary of Transportation, the Secretary of
Education, the Secretary of Labor, the Secretary of
Defense, the Secretary of Agriculture, the Secretary of
Veterans Affairs, the Secretary of the Treasury, the
Attorney General, the Secretary of the Interior, the
Chair of the Federal Reserve, the Comptroller of the
Currency, the Director of the Office of Thrift
Supervision, the Chair of the Federal Deposit Insurance
Corporation, and such other officials of executive
departments and agencies as the President may, from
time to time, designate.
3-302. The President's Fair Housing Council shall
review the design and delivery of Federal programs and
activities to ensure that they support a coordinated
strategy to affirmatively further fair housing. The
Council shall propose revisions to existing programs or
activities, develop pilot programs and activities, and
propose new programs and activities to achieve its
goals.
3-303. In support of cooperative efforts among all
executive agencies, the Secretary of Housing and Urban
Development shall:
(a) cooperate with, and render assistance to, the
heads of all executive agencies in the formulation of
policies and procedures to implement this order and to
provide information and guidance on the affirmative
administration of programs and activities relating to
housing and urban development and the protection of the
rights accorded by the Act; and
(b) develop memoranda of understanding and any
necessary implementing procedures among executive
agencies designed to provide for consultation and the
coordination of Federal efforts to further fair housing
through the affirmative administration of programs and
activities relating to housing and urban development,
including coordination of the investigation of
complaints or other information referred to the
Secretary as required by section 2-204 of this order
that would constitute a violation of the Act or, where
relevant, other Federal laws. Existing memoranda of
understanding shall remain in effect until superseded.
3-304. In connection with carrying out functions under
this order, the Secretary of Housing and Urban
Development is authorized to request from any executive
agency such information and assistance as the Secretary
deems necessary. Each agency shall furnish such
information to the extent permitted by law and, to the
extent practicable, provide assistance to the
Secretary.
Sec. 4. Specific Responsibilities.
4-401. In implementing the responsibilities under
sections 2-201, 2-202, 2-203, and section 3 of this
order, the Secretary of Housing and Urban Development
shall, to the extent permitted by law:
(a) promulgate regulations in consultation with the
Department of Justice and Federal banking agencies
regarding programs and activities of executive agencies
related to housing and urban development that shall:
(1) describe the functions, organization, and
operations of the President's Fair Housing Council;
(2) describe the types of programs and activities
defined in section 1-102 of this order that are subject
to the order;
(3) describe the responsibilities and obligations of
executive agencies in ensuring that programs and
activities are administered and executed in a manner
that furthers fair housing;
(4) describe the responsibilities and obligations of
applicants, participants, and other persons and
entities involved in housing and urban development
programs and activities affirmatively to further the
goal of fair housing; and
(5) describe a method to identify impediments in
programs or activities that restrict fair housing
choice and implement incentives that will maximize the
achievement of practices that affirmatively further
fair housing.
(b) coordinate executive agency implementation of
the requirements of this order and issue standards and
procedures regarding:
(1) the administration of programs and activities
relating to housing and urban development in a manner
affirmatively to further fair housing; and
(2) the cooperation of executive agencies in
furtherance of the Secretary of Housing and Urban
Development's authority and responsibility under the
Act.
4-402. Within 180 days of the publication of final
regulations by the Secretary of Housing and Urban
Development under section 4-401 of this order, the head
of each executive agency shall publish proposed
regulations providing for the administration of
programs and activities relating to housing and urban
development in a manner affirmatively to further fair
housing, consistent with the Secretary of Housing and
Urban Development's regulations, and with the standards
and procedures issued pursuant to section 4-401(b) of
this order. As soon as practicable thereafter, each
executive agency shall issue its final regulations. All
executive agencies shall formally submit all such
proposed and final regulations, and any related
issuances or standards, to the Secretary of Housing and
Urban Development at least 30 days prior to public
announcement.
4-403. The Secretary of Housing and Urban Development
shall review proposed regulations and standards
prepared pursuant to section 4-402 of this order to
ensure conformity with the purposes of the Act and
consistency among the operations of the various
executive agencies and shall provide comments to
executive agencies with respect thereto on a timely
basis.
4-404. In addition to promulgating the regulations
described in section 4-401 of this order, the Secretary
of Housing and Urban Development shall promulgate
regulations describing the nature and scope of coverage
and the conduct prohibited, including mortgage lending
discrimination and property insurance discrimination.
Sec. 5. Administrative Enforcement.
5-501. The head of each executive agency shall be
responsible for enforcement of this order and, unless
prohibited by law, shall cooperate and provide records,
data, and documentation in connection with any other
agency's investigation of compliance with provisions of
this order.
5-502. If any executive agency concludes that any
person or entity (including any State or local public
agency) applying for or participating in, or supervised
or regulated under, a program or activity relating to
housing and urban development has not complied with
this order or any applicable rule, regulation, or
procedure issued or adopted pursuant to this order, it
shall endeavor to end and remedy such violation by
informal means, including conference, conciliation, and
persuasion. An executive agency need not pursue
informal resolution of matters where similar efforts
made by another executive agency have been
unsuccessful, except where otherwise required by law.
In the event of failure of such informal means, the
executive agency, in conformity with rules,
regulations, procedures, or policies issued or adopted
by it pursuant to section 4 of this order hereof, shall
impose such sanctions as may be authorized by law. To
the extent authorized by law, such sanctions may
include:
(a) cancellation or termination of agreements or
contracts with such person, entity, or any State or
local public agency;
(b) refusal to extend any further aid under any
program or activity administered by it and affected by
this order until it is satisfied that the affected
person, entity, or State or local public agency will
comply with the rules, regulations, and procedures
issued or adopted pursuant to this order;
(c) refusal to grant supervisory or regulatory
approval to such person, entity, or State or local
public agency under any program or activity
administered by it that is affected by this order or
revoke such approval if previously given; and
(d) any other action as may be appropriate under
law.
5-503. Findings of any violation under section 5-502 of
this order shall be promptly reported by the head of
each executive agency to the Secretary of Housing and
Urban Development and the Attorney General. The
Secretary of Housing and Urban Development shall
forward this information to all other executive
agencies.
5-504. Any executive agency shall also consider
invoking appropriate sanctions against any person or
entity where any other executive department or agency
has initiated action against that person or entity
pursuant to section 5-502 of this order, where the
Secretary of Housing and Urban Development has issued a
charge against such person or entity that has not been
resolved, or where the Attorney General has filed a
civil action in Federal Court against such person or
entity.
5-505. Each executive agency shall consult with the
Secretary of Housing and Urban Development, and the
Attorney General where a civil action in Federal Court
has been filed, regarding agency actions to invoke
sanctions under the Act. The Department of Housing and
Urban Development, the Department of Justice, and
Federal banking agencies shall develop and coordinate
appropriate policies and procedures for taking action
under their respective authorities. Each decision to
invoke sanctions and the reasons therefor shall be
documented and shall be provided to the Secretary of
Housing and Urban Development and, where appropriate,
to the Attorney General in a timely manner.
Sec. 6. General Provisions.
6-601. Nothing in this order shall limit the authority
of the Attorney General to provide for the coordinated
enforcement of nondiscrimination requirements in
Federal assistance programs under Executive Order No.
12250.
6-602. All provisions of regulations, guidelines, and
procedures proposed to be issued by executive agencies
pursuant to this order that implement nondiscrimination
requirements of laws covered by Executive Order No.
12250 shall be submitted to the Attorney General for
review in accordance with that Executive order. In
addition, the Secretary shall consult with the Attorney
General regarding all regulations and procedures
proposed to be issued under sections 4-401 and 4-402 of
this order to assure consistency with coordinated
Federal efforts to enforce nondiscrimination
requirements in programs of Federal financial
assistance pursuant to Executive Order No. 12250.
6-603. Nothing in this order shall affect the authority
and responsibility of the Attorney General to commence
any civil action authorized by the Act.
6-604. (a) Part IV and sections 501 and 503 of
Executive Order No. 11063 are revoked. The activities
and functions of the President's Committee on Equal
Opportunity in Housing described in that Executive
order shall be performed by the Secretary of Housing
and Urban Development.
(b) Sections 101 and 502(a) of Executive Order No.
11063 are revised to apply to discrimination because of
``race, color, religion (creed), sex, disability,
familial status or national origin.'' All executive
agencies shall revise regulations, guidelines, and
procedures issued pursuant to Part II of Executive
Order No. 11063 to reflect this amendment to coverage.
(c) Section 102 of Executive Order No. 11063 is
revised by deleting the term ``Housing and Home Finance
Agency'' and inserting in lieu thereof the term
``Department of Housing and Urban Development.''
6-605. Nothing in this order shall affect any
requirement imposed under the Equal Credit Opportunity
Act (15 U.S.C. 1691 et seq.), the Home Mortgage
Disclosure Act (12 U.S.C. 2801 et seq.) or the
Community Reinvestment Act (12 U.S.C. 2901 et seq.).
6-606. Nothing in this order shall limit the authority
of the Federal banking agencies to carry out their
responsibilities under current law or regulations.
6-607. Executive Order No. 12259 is hereby revoked.
Sec. 7. Report.
7-701. The Secretary of Housing and Urban Development
shall submit to the President an annual report
commenting on the progress that the Department of
Housing and Urban Development and other executive
agencies have made in carrying out requirements and
responsibilities under this Executive order. The annual
report may be consolidated with the annual report on
the state of fair housing required by section 808(e)(2)
of the Act.
(Presidential Sig.)>
THE WHITE HOUSE,
January 17, 1994.
[FR Doc. 94-1532
Filed 1-18-94; 4:38 pm]
Billing code 3195-01-P
