§3413 — Title 20 Education | U.S. Code

Summary

Create an Office for Civil Rights in the Department. The office must be run by the Assistant Secretary for Civil Rights, who is appointed under section 3412(b). Despite section 3472, the Secretary must give the Assistant Secretary all the non‑administrative functions that were moved to the Secretary under section 3441(a)(3). The Assistant Secretary must send an annual report to the Secretary, the President, and Congress that sums up the office’s enforcement and compliance work and names serious civil rights or compliance problems where recommended fixes are not making enough progress. Despite any other law, that report must be sent without extra clearance or approval, and the Assistant Secretary must give the Secretary a copy early enough for the Secretary to add comments. The Assistant Secretary can collect or coordinate needed data; hire staff (including lawyers) under Title 5 rules (chap. 51 and subchap. III of chap. 53); make contracts and payments for audits, studies, and services; and obtain services under 5 U.S.C. 3109 at a daily rate no higher than the GS–18 equivalent under section 5332.

Title 20, §3413

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(a)There shall be in the Department an Office for Civil Rights, to be administered by the Assistant Secretary for Civil Rights appointed under section 3412(b) of this title. Notwithstanding the provisions of section 3472 of this title, the Secretary shall delegate to the Assistant Secretary for Civil Rights all functions, other than administrative and support functions, transferred to the Secretary under section 3441(a)(3) of this title.

(b)(1)The Assistant Secretary for Civil Rights shall make an annual report to the Secretary, the President, and the Congress summarizing the compliance and enforcement activities of the Office for Civil Rights and identifying significant civil rights or compliance problems as to which such Office has made a recommendation for corrective action and as to which, in the judgment of the Assistant Secretary, adequate progress is not being made.

(2)Notwithstanding any other provision of law, the report required by paragraph (1) shall be transmitted to the Secretary, the President, and the Congress by the Assistant Secretary for Civil Rights without further clearance or approval. The Assistant Secretary shall provide copies of the report required by paragraph (1) to the Secretary sufficiently in advance of its submission to the President and the Congress to provide a reasonable opportunity for comments of the Secretary to be appended to the report.

(c)In addition to the authority otherwise provided under this section, the Assistant Secretary for Civil Rights, in carrying out the provisions of this section, is authorized—

(1)to collect or coordinate the collection of data necessary to ensure compliance with civil rights laws within the jurisdiction of the Office for Civil Rights;

(2)to select, appoint, and employ such officers and employees, including staff attorneys, as may be necessary to carry out the functions of such Office, subject to the provisions of title 5 governing appointments in the competitive service and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates;

(3)to enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private organizations and persons, and to make such payments as may be necessary to carry out the compliance and enforcement functions of such Office; and

(4)notwithstanding any other provision of this chapter, to obtain services as authorized by section 3109 of title 5 at a rate not to exceed the equivalent daily rate payable for grade GS–18 of the General Schedule under section 5332 of such title.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions in subsec. (b)(1) of this section relating to making an annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 82 of House Document No. 103–7. References in Other Laws to GS–16, 17, or 18 Pay RatesReferences in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

§3413 Office for Civil Rights

Summary

Title 20, §3413

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

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