[Code of Federal Regulations]

[Title 28, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 28CFR41.58]



[Page 780-782]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

                    CHAPTER I--DEPARTMENT OF JUSTICE

 

PART 41_IMPLEMENTATION OF EXECUTIVE ORDER 12250, NONDISCRIMINATION ON 

THE BASIS OF HANDICAP IN FEDERALLY ASSISTED PROGRAMS--Table of Contents

 

      Subpart C_Guidelines for Determining Discriminatory Practices

 

Sec. 41.58  New construction.



    (a) Except as provided in paragraph (b) of this section, new 

facilities shall be designed and constructed to be readily accessible to 

and usable by handicapped persons. Alterations to existing facilities 

shall, to the maximum extent feasible, be designed and constructed to be 

readily accessible to and usable by handicapped persons.

    (b) The Department of Transportation may defer the effective date 

for requiring all new buses to be accessible if it concludes on the 

basis of its section 504 rulemaking process that it is not feasible to 

require compliance on the effective date of its regulation: Provided, 

That comparable, accessible services are available to handicapped 

persons in the interim and that the date is not deferred later than 

October 1, 1979.



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



[[Page 781]]



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.





[[Page 782]]





    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]