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.