[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.