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).
Section 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. more (OVER)
2 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.
Section 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.
Section 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.
more (OVER) 4 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.
Section 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.
more 5 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.
Section 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."
more (OVER) 6 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.
Section 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.
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