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ua14no94 DEPARTMENT OF LABOR (DOL)...
<DOC> DEPARTMENT OF JUSTICE (DOJ) The Department of Justice is not a major regulatory agency, and carries out its vital investigative, prosecutorial, and other law enforcement activities principally through means other than the regulatory process. Even so, the Department does have significant responsibilities for implementing the Americans with Disabilities Act and other civil rights laws through regulations as well as immigration laws, including the Immigration Reform and Control Act of 1986 and the Immigration Act of 1990. The Department's key regulatory goals and initiatives are set forth in detail below. The Department has worked actively to implement the general regulatory principles of Executive Order 12866. Relatively few of the Department's rules are ``significant regulatory actions'' requiring review by the Office of Management and Budget under the Executive Order. Accordingly, the reorientation of the OMB review process to focus on significant rules has required the Department to increase its own efforts to ensure that all of its regulations are carefully reviewed for consistency with the Administration's regulatory principles, including the large majority of rules that are not reviewed directly by OMB as ``significant regulatory actions.'' Statement of Regulatory Priorities Pursuant to Section 4(c) of Executive Order 12866, the Department of Justice provides the following statement of regulatory priorities, focusing in particular on eight regulatory initiatives in the three areas of civil rights, immigration, and asset forfeiture. In addition to the specific initiatives set forth below, several other components of the Department carry out important responsibilities through the regulatory process. Although their regulatory efforts are not singled out for specific attention in this Regulatory Plan, those components carry out key roles in implementing the Department's law enforcement priorities. In particular, the Drug Enforcement Administration (DEA) is responsible for controlling abuse of narcotics and dangerous drugs by restricting the aggregate supply of those drugs. DEA accomplishes its objectives through coordination with State, local, and other Federal officials in drug enforcement activities; development and maintenance of drug intelligence systems; regulation of legitimate controlled substances; and enforcement coordination and intelligence- gathering activities with foreign government agencies. DEA is presently developing regulations to implement the provisions of the Domestic Chemical Diversion Control Act of 1993, which imposes registration requirements upon manufacturers, distributors, importers and exporters of List I chemicals (formerly known as precursor chemicals). Civil Rights The Department and its Civil Rights Division are deeply committed to a rigorous and revitalized approach to the enforcement of this nation's civil rights laws. In keeping with that commitment, the Division will be reviewing, updating, and improving its civil rights regulations, which are the Division's basic enforcement tools. As priorities for the coming year, the Division will be focusing on regulations implementing title VI of the Civil Rights Act of 1964 and title IX of the Education Amendments Act of 1972, which are intended to serve as models for other Federal agencies. The Division also is completing the initial ADA rulemaking cycle by amending its regulations under the Americans with Disabilities Act (ADA) to incorporate revised standards applicable to new building and facilities used by State and local governments. The Department's Regulatory Plan has four civil rights initiatives. All agencies, with the Department's encouragement and support, need to begin the process of updating their title VI regulations, which may now be two decades old. The Department's goal will be the creation of a model, state-of-the-art, title VI rule. This will actually involve two closely related initiatives, one to be used within the Department for programs and activities receiving financial assistance from the Department, and the other for use throughout the Federal Government pursuant to the Department's responsibility to promote coordination of title VI enforcement by all agencies. The Department's model rule is intended to include the most effective enforcement procedures from current regulations and will also contain language to implement the definition of ``program or activity'' added by the Civil Rights Restoration Act of 1987 (CRRA), Public Law No. 100-259. The Division will also be publishing a revised proposed regulation, implementing title IX of the Education Amendments of 1972, which forbids discrimination on the basis of sex in educational activities receiving Federal financial assistance. The rule will incorporate statutory amendments to title IX (made by the Civil Rights Restoration Act of 1987) and controlling judicial precedents. The final title IX regulation is intended to serve also as a model for other Federal agencies to promote effective compliance. The Department is also planning to make revisions in its regulations implementing title II of the ADA (and conforming changes to title III) in order to incorporate the revised accessibility design guidelines developed by the Architectural and Transportation Barriers Compliance Board (the Access Board). Subtitle A of title II of the ADA protects qualified individuals with disabilities from discrimination on the basis of disability in the services, programs, or activities of all State and local governments. Title III of the ADA protects qualified individuals with disabilities from discrimination on the basis of disability by public accommodations and in commercial facilities. The Access Board's new guidelines for State and local buildings and facilities are the subject of a related, pending rulemaking proceeding, and have been subject to considerable scrutiny through the Board's regulatory process. The Department of Justice, which is required by statute to promulgate regulations that do not go below the Access Board's minimum guidelines, will incorporate them into the Department's title II rule. These amendments to the ADA regulations are an important step forward in fulfilling the promise of the ADA in ushering in a new era of opportunity and dignity for the many millions of Americans with disabilities. These regulations, which will apply to new construction and to alterations of State and local buildings and facilities, will open doors that have shut out people with disabilities in the past. Immigration The Immigration and Naturalization Service (INS) is responsible for facilitating the entry of persons legally admissible as visitors or as immigrants to the United States, for preventing unlawful entry or receipt of immigration benefits by those who are not entitled to receive them, and for apprehending or removing those aliens who enter or remain illegally in the United States. Though many of the Administration's goals for more effective immigration process require either new statutory authority or increased resources, the regulatory process is a vital aspect of carrying out the goals of the immigration laws. Certainly, one of the regulatory challenges facing the Department of Justice is to improve the effectiveness of those regulatory efforts. Commissioner Meissner established three fundamental goals at the time of her confirmation: to increase the professionalization of the Service, to provide immigration control with compassion, and to build the Service's role in immigration policy leadership and communication. The regulatory priorities for the Service follow those priorities, though other desired improvements will require legislative action. Three INS initiatives are included in this Regulatory Plan. The principal policy and program delivery regulations which will be presented this year address areas of vulnerability in the immigration system. They are also structured to facilitate the proper use of the system by deserving persons. The principal regulation will provide much-needed reforms for the asylum system. After a thorough review of the delivery of asylum determinations, the Department this spring published proposed revisions to asylum regulations which will allow the timely adjudication of cases while instituting safeguards against abuse of the U.S. asylum system. The key priority is the adoption of these asylum reforms in final form. Another regulation will reduce the number of documents which are used to verify immigration status for purposes of employment in order to facilitate employer's compliance with the Act. The Service has also proposed a number of enhancements to its organizational structure for management of the functions it performs. There is now an approved reorganization which will be implemented this year. Regulations establishing that structure and delegations of authority will be published. Finally, the Service is presently implementing a number of changes to its fee schedules for various applications. (This rule is not included in the Regulatory Plan because it will be published in the very near future.) The Service is in a continuous improvement program for the delivery of those services it delivers to the public, and the fee structure for those services. Regulations will be promulgated in the future to increase the effectiveness of service delivery as we move to further automation of business functions in both the benefit and enforcement arenas. In particular, the Service will address service to States and localities, information exchange and facilitation of procedures for the public. Asset Forfeiture The Executive Office of Asset Forfeiture has one initiative listed in this Regulatory Plan, to revise and consolidate the Department's regulations on remission and mitigation of asset forfeiture. The rule is one part of the Department's set of administrative and legislative initiatives to improve the asset forfeiture program. Further, by replacing numerous sets of agency-specific regulations, this action will reduce the volume of petition regulations, enhance consistency in the petitions process, and facilitate understanding and use of the petitions process by the public. _______________________________________________________________________ DOJ--Civil Rights Division (CRT) ___________________________________________________________ PROPOSED RULE STAGE ___________________________________________________________ 87. NONDISCRIMINATION ON THE BASIS OF SEX IN FEDERALLY ASSISTED PROGRAMS AND ACTIVITIES--IMPLEMENTATION OF TITLE IX OF THE EDUCATION AMENDMENTS OF 1972 Legal Authority: 20 USC 1682 CFR Citation: 28 CFR 42 subpart J (New) Legal Deadline: None Abstract: The Department's proposed regulation implements the requirements of title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of an individual's sex in federally assisted educational programs. On June 17, 1980, the Department published a proposed title IX regulation that was never issued in final form. As a result of interim legislation and judicial opinions, it is necessary to revise our prior proposed regulation before a final regulation can be issued. Statement of Need: There is an urgent need to issue this regulation. First, the Department is obligated to issue a title IX regulation since it funds many educational programs. Second, because the Department's regulation will incorporate legislative amendments and controlling precedents to date, it can be expected that other agencies will rely on it in revising their own, outdated, regulations. Alternatives: Because title IX requires an agency (such as the Department of Justice) that funds educational programs to issue implementing regulations, issuance of a title IX regulation is mandatory. With respect to the contents of the title IX regulation, the Department will consider all comments received during the public comment period before issuing a final regulation. Anticipated Costs and Benefits: In order to carry out this Administration's commitment to equal educational opportunity for women, it is essential that the Department of Justice issue its own regulation implementing title IX. The failure of previous administrations to direct that this regulation be issued means that the Department has no regulation in place to guide the Department in granting financial assistance to educational programs or in investigating complaints of sex discrimination in funded programs. In providing Federal financial assistance to educational programs, the Department has been subject to the requirements of title IX since it was enacted in 1972. Therefore, promulgating this regulation should not impose any new costs upon recipients of Federal financial assistance. Risks: Without a regulation that incorporates legislative amendments and controlling judicial precedents in place, the Department risks violating title IX. Furthermore, if this regulatory activity is not undertaken, there are substantial risks: (1) that individuals who are granted protection from discrimination on the basis of sex will find that their rights are not protected to the extent intended by legislative amendments and controlling judicial decisions, and (2) that Federal program funds will be expended in a discriminatory manner. Timetable: _______________________________________________________________________ Action DFR Cite _______________________________________________________________________ NPRM 11/00/94 NPRM Comment Period End 01/00/95 Small Entities Affected: Governmental Jurisdictions Government Levels Affected: State, Local Additional Information: AGENCY CONTACT CONT: TTD (202) 514-0383. Agency Contact: Merrily A. Friedlander Acting Chief Coordination and Review Section Department of Justice Civil Rights Division P.O. Box 66118 Washington, DC 20035-6118 202 307-2222 RIN: 1190-AA28 _______________________________________________________________________ DOJ--CRT 88. <bullet> AMENDMENT TO NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS AND ACTIVITIES--IMPLEMENTATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Legal Authority: 42 USC 2000d to 2000d-4 CFR Citation:
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