Appendix A to Part 41 - Leadership and Coordination of Nondiscrimination Laws
28:1.0.1.1.42.5.38.1.22 : Appendix A
Appendix A to Part 41 - Leadership and Coordination of
Nondiscrimination Laws Executive Order 12250, Nov. 2, 1980
By the authority vested in me as President by the Constitution
and statutes of the United States of America, including section 602
of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1), section 902 of
the Education Amendments of 1972 (20 U.S.C. 1682), and section 301
of title 3 of the United States Code, and in order to provide,
under the leadership of the Attorney General, for the consistent
and effective implementation of various laws prohibiting
discriminatory practices in Federal programs and programs receiving
Federal financial assistance, it is hereby ordered as follows:
1-1. Delegation of Function.
1-101. The function vested in the President by section 602 of
the Civil Rights Act of 1964 (42 U.S.C. 2000d-1), relating to the
approval of rules, regulations, and orders of general
applicability, is hereby delegated to the Attorney General.
1-102. The function vested in the President by section 902 of
the Education Amendments of 1972 (20 U.S.C. 1682), relating to the
approval of rules, regulations, and orders of general
applicability, is hereby delegated to the Attorney General.
1-2. Coordination of Nondiscrimination Provisions.
1-201. The Attorney General shall coordinate the implementation
and enforcement by Executive agencies of various nondiscrimination
provisions of the following laws:
(a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d
et seq.).
(b) Title IX of the Education Amendments of 1972 (20 U.S.C. 1681
et seq.).
(c) Section 504 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. 794).
(d) Any other provision of Federal statutory law which provides,
in whole or in part, that no person in the United States shall, on
the ground of race, color, national origin, handicap, religion, or
sex, be excluded from participation in, be denied the benefits of,
or be subject to discrimination under any program or activity
receiving Federal financial assistance.
1-202. In furtherance of the Attorney General's responsibility
for the coordination of the implementation and enforcement of the
nondiscrimination provisions of laws covered by this Order, the
Attorney General shall review the existing and proposed rules,
regulations, and orders of general applicability of the Executive
agencies in order to identify those which are inadequate, unclear
or unnecessarily inconsistent.
1-203. The Attorney General shall develop standards and
procedures for taking enforcement actions and for conducting
investigations and compliance reviews.
1-204. The Attorney General shall issue guidelines for
establishing reasonable time limits on efforts to secure voluntary
compliance, on the initiation of sanctions, and for referral to the
Department of Justice for enforcement where there is
noncompliance.
1-205. The Attorney General shall establish and implement a
schedule for the review of the agencies' regulations which
implement the various nondiscrimination laws covered by this
Order.
1-206. The Attorney General shall establish guidelines and
standards for the development of consistent and effective
recordkeeping and reporting requirements by Executive agencies; for
the sharing and exchange by agencies of compliance records,
findings, and supporting documentation; for the development of
comprehensive employee training programs; for the development of
effective information programs; and for the development of
cooperative programs with State and local agencies, including
sharing of information, deferring of enforcement activities, and
providing technical assistance.
1-207. The Attorney General shall initiate cooperative programs
between and among agencies, including the development of sample
memoranda of understanding, designed to improve the coordination of
the laws covered by this Order.
1-3. Implementation by the Attorney General.
1-301. In consultation with the affected agencies, the Attorney
General shall promptly prepare a plan for the implementation of
this Order. This plan shall be submitted to the Director of the
Office of Management and Budget.
1-302. The Attorney General shall periodically evaluate the
implementation of the nondiscrimination provisions of the laws
covered by this Order, and advise the heads of the agencies
concerned on the results of such evaluations as to recommendations
for needed improvement in implementation or enforcement.
1-303. The Attorney General shall carry out his functions under
this Order, including the issuance of such regulations as he deems
necessary, in consultation with affected agencies.
1-304. The Attorney General shall annually report to the
President through the Director of the Office of Management and
Budget on the progress in achieving the purposes of this Order.
This report shall include any recommendations for changes in the
implementation or enforcement of the nondiscrimination provisions
of the laws covered by this Order.
1-305. The Attorney General shall chair the Interagency
Coordinating Council established by section 507 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794c).
1-4. Agency Implementation.
1-401. Each Executive agency shall cooperate with the Attorney
General in the performance of the Attorney General's functions
under this Order and shall, unless prohibited by law, furnish such
reports and information as the Attorney General may request.
1-402. Each Executive agency responsible for implementing a
nondiscrimination provision of a law covered by this Order shall
issue appropriate implementing directives (whether in the nature of
regulations or policy guidance). To the extent permitted by law,
they shall be consistent with the requirements prescribed by the
Attorney General pursuant to this Order and shall be subject to the
approval of the Attorney General, who may require that some or all
of them be submitted for approval before taking effect.
1-403. Within 60 days after a date set by the Attorney General,
Executive agencies shall submit to the Attorney General their plans
for implementing their responsibilities under this Order.
1-5. General Provisions.
1-501. Executive Order No. 11764 is revoked. The present
regulations of the Attorney General relating to the coordination of
enforcement of title VI of the Civil Rights Act of 1964 shall
continue in effect until revoked or modified (28 CFR 42.401 to
42.415).
1-502. Executive Order No. 11914 is revoked. The present
regulations of the Secretary of Health and Human Services relating
to the coordination of the implementation of section 504 of the
Rehabilitation Act of 1973, as amended, shall be deemed to have
been issued by the Attorney General pursuant to this Order and
shall continue in effect until revoked or modified by the Attorney
General.
1-503. Nothing in this Order shall vest the Attorney General
with the authority to coordinate the implementation and enforcement
by Executive agencies of statutory provisions relating to equal
employment.
1-504. Existing agency regulations implementing the
nondiscrimination provisions of laws covered by this Order shall
continue in effect until revoked or modified.
Jimmy Carter The White House,
November 2, 1980.
[47 FR 32421, July 27, 1982]