§ 3413. — Office for Civil Rights.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC3413]
TITLE 20--EDUCATION
CHAPTER 48--DEPARTMENT OF EDUCATION
SUBCHAPTER II--ESTABLISHMENT OF THE DEPARTMENT
Sec. 3413. Office for Civil Rights
(a) Establishment; administration; delegation of functions
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) Compliance and enforcement reports; copies submitted to Secretary
(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) Authority of Assistant Secretary
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.
(Pub. L. 96-88, title II, Sec. 203, Oct. 17, 1979, 93 Stat. 673.)
References in Text
The provisions of title 5 governing appointments in the competitive
service, referred to in subsec. (c)(2), are classified to section 3301
et seq. of Title 5, Government Organization and Employees.
Termination of Reporting Requirements
For 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 Rates
References 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,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376
of Title 5.
