    [Weekly Compilation of Presidential Documents Volume 30, Number 3 (Monday, January 24, 1994)]
    [Pages 110-114]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Executive Order 12892--Leadership and Coordination of Fair Housing in
    Federal Programs: Affirmatively Furthering Fair Housing

    January 17, 1994

        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

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    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

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    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

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    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.''

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        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.
                                                William J. Clinton
    The White House,
    January 17, 1994.

    [Filed with the Office of the Federal Register, 4:38 p.m., January 18,
    1994]

    Note: This Executive order was published in the Federal Register on
    January 20.