[Federal Register Volume 59, Number 13 (Thursday, January 20, 1994)]
[Unknown Section]
[Page 0]
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