
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2000d-1]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 21--CIVIL RIGHTS
 
                SUBCHAPTER V--FEDERALLY ASSISTED PROGRAMS
 
Sec. 2000d-1. Federal authority and financial assistance to 
        programs or activities by way of grant, loan, or contract other 
        than contract of insurance or guaranty; rules and regulations; 
        approval by President; compliance with requirements; reports to 
        Congressional committees; effective date of administrative 
        action
        
    Each Federal department and agency which is empowered to extend 
Federal financial assistance to any program or activity, by way of 
grant, loan, or contract other than a contract of insurance or guaranty, 
is authorized and directed to effectuate the provisions of section 2000d 
of this title with respect to such program or activity by issuing rules, 
regulations, or orders of general applicability which shall be 
consistent with achievement of the objectives of the statute authorizing 
the financial assistance in connection with which the action is taken. 
No such rule, regulation, or order shall become effective unless and 
until approved by the President. Compliance with any requirement adopted 
pursuant to this section may be effected (1) by the termination of or 
refusal to grant or to continue assistance under such program or 
activity to any recipient as to whom there has been an express finding 
on the record, after opportunity for hearing, of a failure to comply 
with such requirement, but such termination or refusal shall be limited 
to the particular political entity, or part thereof, or other recipient 
as to whom such a finding has been made and, shall be limited in its 
effect to the particular program, or part thereof, in which such 
noncompliance has been so found, or (2) by any other means authorized by 
law: Provided, however, That no such action shall be taken until the 
department or agency concerned has advised the appropriate person or 
persons of the failure to comply with the requirement and has determined 
that compliance cannot be secured by voluntary means. In the case of any 
action terminating, or refusing to grant or continue, assistance because 
of failure to comply with a requirement imposed pursuant to this 
section, the head of the Federal department or agency shall file with 
the committees of the House and Senate having legislative jurisdiction 
over the program or activity involved a full written report of the 
circumstances and the grounds for such action. No such action shall 
become effective until thirty days have elapsed after the filing of such 
report.

(Pub. L. 88-352, title VI, Sec. 602, July 2, 1964, 78 Stat. 252.)

                         Delegation of Functions

    Function of the President relating to approval of rules, 
regulations, and orders of general applicability under this section, 
delegated to the Attorney General, see section 1-101 of Ex. Ord. No. 
12250, Nov. 2, 1980, 45 F.R. 72995, set out below.


                 Equal Opportunity in Federal Employment

    Nondiscrimination in government employment and in employment by 
government contractors and subcontractors, see Ex. Ord. No. 11246, eff. 
Sept. 24, 1965, 30 F.R. 12319, and Ex. Ord. No. 11478, eff. Aug. 8, 
1969, 34 F.R. 12985, set out as notes under section 2000e of this title.

                        Executive Order No. 11247

    Ex. Ord. No. 11247, eff. Sept. 24, 1965, 30 F.R. 12327, which 
related to enforcement of coordination of nondiscrimination in federally 
assisted programs, was superseded by Ex. Ord. No. 11764, eff. Jan. 21, 
1974, 39 F.R. 2575, formerly set out below.

                        Executive Order No. 11764

    Ex. Ord. No. 11764, Jan. 21, 1974, 39 F.R. 2575, which related to 
coordination of enforcement of provisions of this subchapter, was 
revoked by section 1-501 of Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 
72996, set out below.

 Ex. Ord. No. 12250. Leadership and Coordination of Implementation and 
                  Enforcement of Nondiscrimination Laws

    Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, provided:
    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 [this subchapter] 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 [29 U.S.C. 794], 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 2000d-2, 2000d-5, 9821, 
9849, 10406 of this title; title 39 section 410.
