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B-201695 1 (1981-10-21)

handle is hein.gao/gaobabkfs0001 and id is 1 raw text is: g/&q3 7 UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 OFFICE OF GENERAL COUNSEL October 21, 1981 B-201695 The Honorable William Bradford Reynolds Assistant Attorney General Civil Rights Division Department of Justice Dear Mr. Reynolds: This is in response to your letter of August 21, 1981, concerning Executive Order 12250, 45 Fed. Reg. 72995 (1980), entitled Leadership and Coordination of Nondiscrimination Laws. That order assigns responsibility to the Attorney General for coordinating the implementation and enforcement by executive agencies of: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d, et sea.); Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et sea.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. S 794); and any other provision of Federal statutory law which prohibits discrimination under any program or activity receiving Federal financial assistance. You note in your letter that while for the most part the above laws apply only to programs receiving Federal financial assistance, Section 504 of the Rehabilitation Act was amended in 1978 to proscribe discrimination on the basis of handicap under any program or activity conducted by any Executive agency or by the United States Postal Service. You conclude that because the General Accounting Office (GAO) falls within the definition of Executive agency as stated in 5 U.S.C. S 105, this Office is covered under Section 504 of the Rehabilitation Act and is subject to the provisions of Execu- tive Order 12250 for purposes of that Act. You request our views on this conclusion. We do not believe that the title 5 definition of Execu- tive agency should be applied in :hese circumstances. For that reason, and for the other reasons stated below, we fee. that the GAO is exempt from the requirements of Executive Order 12250. o 1 3\

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