Notes on 42 U.S.C. § 1982 : US Code - Notes

Search Notes on 42 U.S.C. § 1982 : US Code - Notes

(R.S. Sec. 1978.)
CODIFICATION
R.S. Sec. 1978 derived from act Apr. 9, 1866, ch. 31, Sec. 1, 14
Stat. 27.
Section was formerly classified to section 42 of Title 8, Aliens
and Nationality.
EX. ORD. NO. 11063. EQUAL OPPORTUNITY IN HOUSING
Ex. Ord. No. 11063, Nov. 20, 1962, 27 F.R. 11527, as amended by
Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R. 1253; Ex. Ord. No.
12892, Sec. 6-604, Jan. 17, 1994, 59 F.R. 2939, provided:
WHEREAS the granting of Federal assistance for the provision,
rehabilitation, or operation of housing and related facilities from
which Americans are excluded because of their race, color, creed,
or national origin is unfair, unjust, and inconsistent with the
public policy of the United States as manifested in its
Constitution and laws; and
WHEREAS the Congress in the Housing Act of 1949 [see Short Title
note set out under section 1441 of this title] has declared that
the general welfare and security of the Nation and the health and
living standards of its people require the realization as soon as
feasible of the goal of a decent home and a suitable living
environment for every American family; and
WHEREAS discriminatory policies and practices based upon race,
color, creed, or national origin now operate to deny many Americans
the benefits of housing financed through Federal assistance and as
a consequence prevent such assistance from providing them with an
alternative to substandard, unsafe, unsanitary, and overcrowded
housing; and
WHEREAS such discriminatory policies and practices result in
segregated patterns of housing and necessarily produce other forms
of discrimination and segregation which deprive many Americans of
equal opportunity in the exercise of their unalienable rights to
life, liberty, and the pursuit of happiness; and
WHEREAS the executive branch of the Government, in faithfully
executing the laws of the United States which authorize Federal
financial assistance, directly or indirectly, for the provision,
rehabilitation, and operation of housing and related facilities, is
charged with an obligation and duty to assure that those laws are
fairly administered and that benefits thereunder are made available
to all Americans without regard to their race, color, creed, or
national origin:
NOW, THEREFORE, by virtue of the authority vested in me as
President of the United States by the Constitution and laws of the
United States, it is ordered as follows:
PART I - PREVENTION OF DISCRIMINATION
Section 101. I hereby direct all departments and agencies in the
executive branch of the Federal Government, insofar as their
functions relate to the provision, rehabilitation, or operation of
housing and related facilities, to take all action necessary and
appropriate to prevent discrimination because of race, color,
religion (creed), sex, disability, familial status or national
origin -
(a) in the sale, leasing, rental, or other disposition of
residential property and related facilities (including land to be
developed for residential use), or in the use or occupancy thereof,
if such property and related facilities are -
(i) owned or operated by the Federal Government, or
(ii) provided in whole or in part with the aid of loans,
advances, grants, or contributions hereafter agreed to be made by
the Federal Government, or
(iii) provided in whole or in part by loans hereafter insured,
guaranteed, or otherwise secured by the credit of the Federal
Government, or
(iv) provided by the development or the redevelopment of real
property purchased, leased, or otherwise obtained from a State or
local public agency receiving Federal financial assistance for slum
clearance or urban renewal with respect to such real property under
a loan of grant contract hereafter entered into; and
(b) in the lending practices with respect to residential property
and related facilities (including land to be developed for
residential use) of lending institutions, insofar as such practices
relate to loans hereafter insured or guaranteed by the Federal
Government.
Sec. 102. I hereby direct the Department of Housing and Urban
Development and all other executive departments and agencies to use
their good offices and to take other appropriate action permitted
by law, including the institution of appropriate litigation, if
required, to promote the abandonment of discriminatory practices
with respect to residential property and related facilities
heretofore provided with Federal financial assistance of the types
referred to in Section 101(a)(ii), (iii), and (iv).
PART II - IMPLEMENTATION BY DEPARTMENTS AND AGENCIES
Sec. 201. Each executive department and agency subject to this
order is directed to submit to the President's Committee on Equal
Opportunity in Housing established pursuant to Part IV of this
order (hereinafter sometimes referred to as the Committee), within
thirty days from the date of this order, a report outlining all
current programs administered by it which are affected by this
order.
Sec. 202. Each such department and agency shall be primarily
responsible for obtaining compliance with the purposes of this
order as the order applies to programs administered by it; and is
directed to cooperate with the Committee, to furnish it, in
accordance with law, such information and assistance as it may
request in the performance of its functions, and to report to it at
such intervals as the Committee may require.
Sec. 203. Each such department and agency shall, within thirty
days from the date of this order, issue such rules and regulations,
adopt such procedures and policies, and make such exemptions and
exceptions as may be consistent with law and necessary or
appropriate to effectuate the purposes of this order. Each such
department and agency shall consult with the Committee in order to
achieve such consistency and uniformity as may be feasible.
PART III - ENFORCEMENT
Sec. 301. The Committee, any subcommittee thereof, and any
officer or employee designated by any executive department or
agency subject to this order may hold such hearings, public or
private, as the Committee, department, or agency may deem advisable
for compliance, enforcement, or educational purposes.
Sec. 302. If any executive department or agency subject to this
order concludes that any person or firm (including but not limited
to any individual, partnership, association, trust, or corporation)
or any State or local public agency has violated any rule,
regulation, or procedure issued or adopted pursuant to this order,
or any nondiscrimination provision included in any agreement or
contract pursuant to any such rule, regulation, or procedure, it
shall endeavor to end and remedy such violation by informal means,
including conference, conciliation, and persuasion unless similar
efforts made by another Federal department or agency have been
unsuccessful. In conformity with rules, regulations, procedures, or
policies issued or adopted by it pursuant to Section 203 hereof, a
department or agency may take such action as may be appropriate
under its governing laws, including, but not limited to, the
following:
It may -
(a) cancel or terminate in whole or in part any agreement or
contract with such person, firm, or State or local public agency
providing for a loan, grant, contribution, or other Federal aid, or
for the payment of a commission or fee;
(b) refrain from extending any further aid under any program
administered by it and affected by this order until it is satisfied
that the affected person, firm, or State or local public agency
will comply with the rules, regulations, and procedures issued or
adopted pursuant to this order, and any nondiscrimination
provisions included in any agreement or contract;
(c) refuse to approve a lending institution or any other lender
as a beneficiary under any program administered by it which is
affected by this order or revoke such approval if previously given.
Sec. 303. In appropriate cases executive departments and agencies
shall refer to the Attorney General violations of any rules,
regulations, or procedures issued or adopted pursuant to this
order, or violations of any nondiscrimination provisions included
in any agreement or contract, for such civil or criminal action as
he may deem appropriate. The Attorney General is authorized to
furnish legal advice concerning this order to the Committee and to
any department or agency requesting such advice.
Sec. 304. Any executive department or agency affected by this
order may also invoke the sanctions provided in Section 302 where
any person or firm, including a lender, has violated the rules,
regulations, or procedures issued or adopted pursuant to this
order, or the nondiscrimination provisions included in any
agreement or contract, with respect to any program affected by this
order administered by any other executive department or agency.
PART IV - ESTABLISHMENT OF THE PRESIDENT'S COMMITTEE ON EQUAL
OPPORTUNITY IN HOUSING
[Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R. 1253; Ex.
Ord. No. 12892, Sec. 6-604, Jan. 17, 1994, 59 F.R. 2939.]
PART V - POWERS AND DUTIES OF THE PRESIDENT'S COMMITTEE ON EQUAL
OPPORTUNITY IN HOUSING
Sec. 501. [Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R.
1253; Ex. Ord. No. 12892, Sec. 6-604, Jan. 17, 1994, 59 F.R. 2939.]
Sec. 502. (a) The Committee shall take such steps as it deems
necessary and appropriate to promote the coordination of the
activities of departments and agencies under this order. In so
doing, the Committee shall consider the overall objectives of
Federal legislation relating to housing and the right of every
individual to participate without discrimination because of race,
color, religion (creed), sex, disability, familial status or
national origin in the ultimate benefits of the Federal programs
subject to this order.
(b) The Committee may confer with representatives of any
department or agency, State or local public agency, civic,
industry, or labor group, or any other group directly or indirectly
affected by this order; examine the relevant rules, regulations,
procedures, policies, and practices of any department or agency
subject to this order and make such recommendations as may be
necessary or desirable to achieve the purposes of this order.
(c) The Committee shall encourage educational programs by civic,
educational, religious, industry, labor, and other nongovernmental
groups to eliminate the basic causes of discrimination in housing
and related facilities provided with Federal assistance.
Sec. 503. [Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R.
1253; Ex. Ord. No. 12892, Sec. 6-604, Jan. 17, 1994, 59 F.R. 2939.]
PART VI - MISCELLANEOUS
Sec. 601. As used in this order, the term "departments and
agencies" includes any wholly-owned or mixed-ownership Government
corporation, and the term "State" includes the District of
Columbia, the Commonwealth of Puerto Rico, and the territories of
the United States.
Sec. 602. This order shall become effective immediately.
[Functions of President's Committee on Equal Opportunity in
Housing under Ex. Ord. No. 11063 delegated to Secretary of Housing
and Urban Development by Ex. Ord. No. 12892, Sec. 6-604(a), Jan.
17, 1994, 59 F.R. 2939, set out as a note under section 3608 of
this title.]