
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC3608]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 45--FAIR HOUSING
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 3608. Administration


(a) Authority and responsibility

    The authority and responsibility for administering this Act shall be 
in the Secretary of Housing and Urban Development.

(b) Assistant Secretary

    The Department of Housing and Urban Development shall be provided an 
additional Assistant Secretary.

(c) Delegation of authority; appointment of administrative law judges; 
        location of conciliation meetings; administrative review

    The Secretary may delegate any of his functions, duties, and powers 
to employees of the Department of Housing and Urban Development or to 
boards of such employees, including functions, duties, and powers with 
respect to investigating, conciliating, hearing, determining, ordering, 
certifying, reporting, or otherwise acting as to any work, business, or 
matter under this subchapter. The person to whom such delegations are 
made with respect to hearing functions, duties, and powers shall be 
appointed and shall serve in the Department of Housing and Urban 
Development in compliance with sections 3105, 3344, 5372, and 7521 of 
title 5. Insofar as possible, conciliation meetings shall be held in the 
cities or other localities where the discriminatory housing practices 
allegedly occurred. The Secretary shall by rule prescribe such rights of 
appeal from the decisions of his administrative law judges to other 
administrative law judges or to other officers in the Department, to 
boards of officers or to himself, as shall be appropriate and in 
accordance with law.

(d) Cooperation of Secretary and executive departments and agencies in 
        administration of housing and urban development programs and 
        activities to further fair housing purposes

    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 this subchapter and shall cooperate with the Secretary to 
further such purposes.

(e) Functions of Secretary

    The Secretary of Housing and Urban Development shall--
        (1) make studies with respect to the nature and extent of 
    discriminatory housing practices in representative communities, 
    urban, suburban, and rural, throughout the United States;
        (2) publish and disseminate reports, recommendations, and 
    information derived from such studies, including an annual report to 
    the Congress--
            (A) specifying the nature and extent of progress made 
        nationally in eliminating discriminatory housing practices and 
        furthering the purposes of this subchapter, obstacles remaining 
        to achieving equal housing opportunity, and recommendations for 
        further legislative or executive action; and
            (B) containing tabulations of the number of instances (and 
        the reasons therefor) in the preceding year in which--
                (i) investigations are not completed as required by 
            section 3610(a)(1)(B) of this title;
                (ii) determinations are not made within the time 
            specified in section 3610(g) of this title; and
                (iii) hearings are not commenced or findings and 
            conclusions are not made as required by section 3612(g) of 
            this title;

        (3) cooperate with and render technical assistance to Federal, 
    State, local, and other public or private agencies, organizations, 
    and institutions which are formulating or carrying on programs to 
    prevent or eliminate discriminatory housing practices;
        (4) cooperate with and render such technical and other 
    assistance to the Community Relations Service as may be appropriate 
    to further its activities in preventing or eliminating 
    discriminatory housing practices;
        (5) administer the programs and activities relating to housing 
    and urban development in a manner affirmatively to further the 
    policies of this subchapter; and
        (6) annually report to the Congress, and make available to the 
    public, data on the race, color, religion, sex, national origin, 
    age, handicap, and family characteristics of persons and households 
    who are applicants for, participants in, or beneficiaries or 
    potential beneficiaries of, programs administered by the Department 
    to the extent such characteristics are within the coverage of the 
    provisions of law and Executive orders referred to in subsection (f) 
    of this section which apply to such programs (and in order to 
    develop the data to be included and made available to the public 
    under this subsection, the Secretary shall, without regard to any 
    other provision of law, collect such information relating to those 
    characteristics as the Secretary determines to be necessary or 
    appropriate).

(f) Provisions of law applicable to Department programs

    The provisions of law and Executive orders to which subsection 
(e)(6) of this section applies are--
        (1) title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et 
    seq.];
        (2) this subchapter;
        (3) section 794 of title 29;
        (4) the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.];
        (5) the Equal Credit Opportunity Act [15 U.S.C. 1691 et seq.];
        (6) section 1982 of this title;
        (7) section 637(a) of title 15;
        (8) section 1735f-5 of title 12;
        (9) section 5309 of this title;
        (10) section 1701u of title 12;
        (11) Executive orders 11063, 11246, 11625, 12250, 12259, and 
    12432; and
        (12) any other provision of law which the Secretary specifies by 
    publication in the Federal Register for the purpose of this 
    subsection.

(Pub. L. 90-284, title VIII, Sec. 808, Apr. 11, 1968, 82 Stat. 84; Pub. 
L. 95-251, Sec. 3, Mar. 27, 1978, 92 Stat. 184; Pub. L. 95-454, title 
VIII, Sec. 801(a)(3)(J), Oct. 13, 1978, 92 Stat. 1222; Pub. L. 100-430, 
Sec. 7, Sept. 13, 1988, 102 Stat. 1623.)

                       References in Text

    This Act, referred to in subsec. (a), means Pub. L. 90-284, Apr. 11, 
1968, 82 Stat. 73, as amended, known as the Civil Rights Act of 1968, 
which enacted this chapter, sections 231 to 233, 245, 2101, and 2102 of 
Title 18, Crimes and Criminal Procedure, and sections 1301 to 1303, 
1311, 1312, 1321 to 1326, 1331, and 1341 of Title 25, Indians, amended 
sections 1973j, 3533, 3535 of this title, and sections 241, 242, and 
1153 of Title 18, enacted provisions set out as notes under sections 231 
and 245 of Title 18, and repealed provisions set out as notes under 
section 1360 of Title 28, Judiciary and Judicial Procedure. For complete 
classification of this Act to the Code, see Tables.
    The Civil Rights Act of 1964, referred to in subsec. (f)(1), is Pub. 
L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Civil 
Rights Act of 1964 is classified generally to subchapter V (Sec. 2000d 
et seq.) of chapter 21 of this title. For complete classification of 
this Act to the Code, see Short Title note set out under section 2000a 
of this title and Tables.
    The Age Discrimination Act of 1975, referred to in subsec. (f)(4), 
is title III of Pub. L. 94-135, Nov. 28, 1975, 78 Stat. 728, as amended, 
which is classified generally to chapter 76 (Sec. 6101 et seq.) of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 6101 of this title and Tables.
    The Equal Credit Opportunity Act, referred to in subsec. (f)(5), is 
title VII of Pub. L. 90-321, as added by Pub. L. 93-495, title V, 
Sec. 503, Oct. 28, 1974, 88 Stat. 1521, as amended, which is classified 
generally to subchapter IV (Sec. 1691 et seq.) of chapter 41 of Title 
15, Commerce and Trade. For complete classification of this Act to the 
Code, see Short Title note set out under section 1601 of Title 15 and 
Tables.
    The Executive orders referred to in subsec. (f)(11) are set out as 
notes under sections of the Code as follows:
        Ex. Ord. No. 11063: 42 U.S.C. 1982,
        Ex. Ord. No. 11246: 42 U.S.C. 2000e,
        Ex. Ord. No. 11625: 15 U.S.C. 631,
        Ex. Ord. No. 12250: 42 U.S.C. 2000d-1, and
        Ex. Ord. No. 12432: 15 U.S.C. 631.
    Ex. Ord. No. 12259, referred to in subsec. (f)(11), was set out 
below, prior to revocation by Ex. Ord. No. 12892, Jan. 17, 1994, 59 F.R. 
2939, set out below.

                          Codification

    The second sentence of subsec. (b) of this section has been omitted 
as it amended sections 3533(a) and 3535(c) of this title.


                               Amendments

    1988--Subsec. (d). Pub. L. 100-430, Sec. 7(a), inserted ``(including 
any Federal agency having regulatory or supervisory authority over 
financial institutions)'' after ``urban development''.
    Subsec. (e)(2). Pub. L. 100-430, Sec. 7(b)(1)(A), inserted 
provisions relating to annual report to Congress.
    Subsec. (e)(6). Pub. L. 100-430, Sec. 7(b)(1)(B)-(D), added par. 
(6).
    Subsec. (f). Pub. L. 100-430, Sec. 7(b)(2), added subsec. (f).
    1978--Subsec. (c). Pub. L. 95-251 substituted ``administrative law 
judges'' for ``hearing examiners''.
    Pub. L. 95-454 substituted ``5372'' for ``5362''.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-430 effective on 180th day beginning after 
Sept. 13, 1988, see section 13(a) of Pub. L. 100-430, set out as a note 
under section 3601 of this title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-454 effective on first day of first 
applicable pay period beginning on or after 90th day after Oct. 13, 
1978, see section 801(a)(4)(A) of Pub. L. 95-454, set out as an 
Effective Date note under section 5361 of Title 5, Government 
Organization and Employees.


                    Treatment of Occupancy Standards

    Pub. L. 105-276, title V, Sec. 589, Oct. 21, 1998, 112 Stat. 2651, 
provided that:
    ``(a) Establishment of Policy.--Not later than 60 days after the 
date of the enactment of this Act [Oct. 21, 1998], the Secretary of 
Housing and Urban Development shall publish a notice in the Federal 
Register for effect that takes effect upon publication and provides that 
the specific and unmodified standards provided in the March 20, 1991, 
Memorandum from the General Counsel of the Department of Housing and 
Urban Development to all Regional Counsel shall be the policy of the 
Department of Housing and Urban Development with respect to complaints 
of discrimination under the Fair Housing Act (42 U.S.C. 3601 et seq.) on 
the basis of familial status which involve an occupancy standard 
established by a housing provider.
    ``(b) Prohibition of National Standard.--The Secretary of Housing 
and Urban Development shall not directly or indirectly establish a 
national occupancy standard.''

                        Executive Order No. 12259

    Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R. 1253, which related to 
leadership and coordination by Secretary of Housing and Urban 
Development of fair housing programs and activities in Federal programs, 
was revoked by Ex. Ord. No. 12892, Sec. 6-607, Jan. 17, 1994, 59 F.R. 
2939, set out below.

   Ex. Ord. No. 12892. Leadership and Coordination of Fair Housing in 
         Federal Programs: Affirmatively Furthering Fair Housing

    Ex. Ord. No. 12892, Jan. 17, 1994, 59 F.R. 2939, provided:
    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 [42 U.S.C. 3608(d)], 
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 [42 U.S.C. 
3608] 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 [42 U.S.C. 2000d-1 note].
    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 [42 U.S.C. 2000d-1 note] 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 [42 U.S.C. 1982 note] 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 [42 U.S.C. 3608(e)(2)].
                                                     William J. Clinton.

                   Federal Leadership of Fair Housing

    Memorandum of President of the United States, Jan. 17, 1994, 59 F.R. 
8513, provided:
    Memorandum for the Heads of Executive Departments and Agencies
    On April 11, 1968, one week after the assassination of the great 
civil rights leader Martin Luther King, Jr., the Fair Housing Act [42 
U.S.C. 3601 et seq.] was enacted (1) to prohibit discrimination in 
housing, and (2) to direct the Secretary of Housing and Urban 
Development to affirmatively further fair housing in Federal housing and 
urban development programs. Twenty-five years later, despite a 
strengthening of the Fair Housing Act 5 years ago, hundreds of acts of 
housing discrimination occur in our Nation each day.
    Americans of every income level, seeking to live where they choose, 
feel the weight of discrimination because of the color of their skin, 
their race, their religion, their gender, their country of origin, or 
because they are disabled or have children.
    An increasing body of evidence indicates that barriers to fair 
housing are pervasive. Forty percent of all families move every 5 years. 
This statistic is significant given the results of a recent study, 
commissioned by the Department of Housing and Urban Development (HUD), 
which found that more than half of the African Americans and Latinos 
seeking to rent or buy a home are treated differently than whites with 
the same qualifications. Moreover, based upon Home Mortgage Disclosure 
Act [12 U.S.C. 2801 et seq.] data, the number of minority persons who 
are rejected when attempting to obtain loans to purchase homes is two to 
three times higher than it is for nonminorities in almost every 
metropolitan area of this country.
    Racial and ethnic segregation, both in the private housing market 
and in public and assisted housing, has been well documented. Despite 
legislation (the Fair Housing Act) and Executive action (Executive Order 
No. 11063 [42 U.S.C. 1982 note]), the divisive impact of housing 
segregation persists in metropolitan areas all across this country. Too 
many lower income and minority Americans face barriers to housing 
outside of central cities. Segregation in housing and schools deprives 
too many of our children and youth of an opportunity to enter the 
marketplace or work on an equal footing. For too many families, our 
cities are no longer the launching pads for economic self-sufficiency 
and upward mobility that they have been for countless immigrants and 
minorities since the country's birth. And many Americans who are better 
off abandon the cities.
    The resulting decline in the very heart of too many of our 
metropolitan areas threatens all of us: the health of our dynamic 
regional economies--the very lifeblood of future national economic 
growth and higher living standards for all of us and all of our 
children--is placed at risk.
    We can do better. We can start by making sure that our own Federal 
policies and programs across all of our agencies support the fair 
housing and equal opportunity goals to which all Americans are 
committed. If all of our executive agencies affirmatively further fair 
housing in the design of their policies and administration of their 
programs relating to housing and urban development, a truly 
nondiscriminatory housing market will be closer to achievement.
    By an Executive Order [Ex. Ord. No. 12892, set out above] (``the 
Order'') I am issuing today and this memorandum, I am addressing those 
needs. The Secretary of Housing and Urban Development and, where 
appropriate, the Attorney General--the officials with the primary 
responsibility for the enforcement of Federal fair housing laws--will 
take the lead in developing and coordinating measures to carry out the 
purposes of this Order.
    Through this Order, I am first expanding Executive Order No. 11063 
to provide protection against discrimination in programs of Federal 
insurance or guaranty to persons who are disabled and to families with 
children.
    Second, I am revoking the old Executive Order No. 12259 entitled 
``Leadership and Coordination of Fair Housing in Federal Programs.'' The 
new Executive order reflects the expanded authority of the Secretary of 
Housing and Urban Development and I am directing him to take stronger 
measures to provide leadership and coordination in affirmatively 
furthering fair housing in Federal programs.
    Third, I ask the heads of departments and agencies, including the 
Federal banking agencies, to cooperate with the Secretary of Housing and 
Urban Development in identifying ways to structure agency programs and 
activities to affirmatively further fair housing and to promptly 
negotiate memoranda of understanding with him to accomplish that goal.
    Further, I direct the Secretary of Housing and Urban Development to 
review all of HUD's programs to assure that they truly provide equal 
opportunity and promote economic self-sufficiency for those who are 
beneficiaries and recipients of those programs.
    I also direct the Secretary to review HUD's programs to assure that 
they contain the maximum incentives to affirmatively further fair 
housing and to eliminate barriers to free choice where they continue to 
exist. This review shall include Federally assisted housing, Federally 
insured housing and other housing and housing related programs, 
including those of the Government National Mortgage Association and the 
Federal Housing Administration.
    Today, I am establishing a new Cabinet-level organization to focus 
the cooperative efforts of all agencies on fair housing. The President's 
Fair Housing Council will be chaired by the Secretary of Housing and 
Urban Development and will 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, and the Chair of the Federal Deposit 
Insurance Corporation.
    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.
    I direct the Secretary of Housing and Urban Development and the 
President's Fair Housing Council to develop a pilot program to be 
implemented in selected metropolitan areas. This initiative will promote 
fair housing choice by helping inner-city families to move to suburban 
neighborhoods and by making the central city more attractive to those 
who have left it. I direct the members of the Council to undertake a 
demonstration program that will reinvent the way assisted housing is 
offered to applicants, will break down jurisdictional barriers in 
housing opportunities, and will promote the use of subsidies that 
diminish residential segregation, and will combine these initiatives 
with refined educational incentives aimed at improving the effectiveness 
of inner-city schools. I am directing that transportation alternatives 
be considered along with targeted social service and job training 
programs as part of the support necessary to create a one-stop, 
metropolitan area-wide fair housing opportunity pilot program that will 
effectively offer Federally assisted housing, Federally insured housing, 
and private market housing within a metropolitan area to all residents 
of the area. The pilot program should call upon realtors, mortgage 
lenders, housing providers, and local governments, among others, to 
assist in expanding housing choices.
    To address the findings of recent studies, I hereby direct the 
Secretary of Housing and Urban Development and the Attorney General and, 
where appropriate, the heads of the Federal banking agencies to exercise 
national leadership to end discrimination in mortgage lending, the 
secondary mortgage market, and property insurance practices. The 
Secretary is directed to issue regulations to define discriminatory 
practices in these areas and the Secretary and the Attorney General are 
directed to aggressively enforce the laws prohibiting these practices.
    In each of these areas, I direct the Secretary of Housing and Urban 
Development to take the lead with the other Federal agencies in working 
to gain the voluntary cooperation, participation, and expertise of all 
of those in private industry, the States and localities who can assist 
in achieving the Nation's fair housing goals.
    The Secretary of Housing and Urban Development is authorized and 
directed to publish this memorandum in the Federal Register.
                                                     William J. Clinton.
