Encl. (2) to COMDTINST 5350.20A
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SUMMARY: This interim final rule establishes for the Department of Homeland
Security the necessary procedures for effectuating Title IX of the Education Amendments
of 1972, as amended (except sections 904 and 906 of those Amendments), which is
designed to eliminate (with certain exceptions) discrimination on the basis of sex in any
education program or activity receiving Federal financial assistance, whether or not such
program or activity is offered or sponsored by an educational institution as defined in
these Title IX regulations.
DATES: These interim final rules are effective on March 6, 2003. Written comments
may be submitted to the Department of Homeland Security on or before April 7, 2003.
ADDRESSES: Submit written comments (preferably an original and three copies) to
Associate General Counsel (General Law), Department of Homeland Security,
Washington, DC 20528.
FOR FURTHER INFORMATION CONTACT: Robert Coyle, (202) 282-8410, not a toll
free call.
SUPPLEMENTARY INFORMATION:
I. Background
On November 25, 2002, the President signed into law the Homeland Security Act of
2002 (Pub. L. 107-296), which created the new Department of Homeland Security
(DHS). Pursuant to the provisions of the Act, the new Department came into existence on
January 24, 2003. In order to establish procedures to facilitate the operations of the new
Department, DHS is issuing an initial series of proposed and interim final regulations.
II. The Interim Final Rule
This interim final rule provides those procedures necessary to effectuate Title IX of the
Education Amendments of 1972, as amended (except sections 904 and 906 of those
Amendments) (20 U.S.C. 1681-1683 and 1685-1688), which is designed to eliminate
(with certain exceptions) discrimination on the basis of sex in any education program or
activity receiving Federal financial assistance, whether or not such program or activity is
offered or sponsored by an educational institution as defined in these Title IX regulations.
III. Procedural Requirements
Because the DHS came into existence on January 24, 2003, it is necessary to promptly
establish procedures to facilitate the operations of the new Department. Furthermore, this
interim final rule parallels the existing operational regulations of other cabinet-level
agencies to effectuate the provisions of Title IX (see 65 FR 52858, the final common rule
for Title IX for numerous agencies). Similar regulations were applicable to components
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