Executive Order 12250--Leadership and Coordination of Nondiscrimination
Laws
Source: The provisions of Executive Order 12250 of Nov. 2, 1980,
appear at 45 FR 72995, 3 CFR, 1980 Comp., p. 298, unless otherwise noted.
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.