[Federal Register Volume 65, Number 124 (Tuesday, June 27, 2000)]
[Presidential Documents]
[Pages 39775-39778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16434]


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  Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / 
Presidential Documents  

[[Page 39775]]


                Executive Order 13160 of June 23, 2000

                
Nondiscrimination on the Basis of Race, Sex, 
                Color, National Origin, Disability, Religion, Age, 
                Sexual Orientation, and Status as a Parent in Federally 
                Conducted Education and Training Programs

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including sections 921-932 of title 20, United 
                States Code; section 2164 of title 10, United States 
                Code; section 2001 et seq., of title 25, United States 
                Code; section 7301 of title 5, United States Code; and 
                section 301 of title 3, United States Code, and to 
                achieve equal opportunity in Federally conducted 
                education and training programs and activities, it is 
                hereby ordered as follows:

                Section 1. Statement of policy on education programs 
                and activities conducted by executive departments and 
                agencies.

                1-101. The Federal Government must hold itself to at 
                least the same principles of nondiscrimination in 
                educational opportunities as it applies to the 
                education programs and activities of State and local 
                governments, and to private institutions receiving 
                Federal financial assistance. Existing laws and 
                regulations prohibit certain forms of discrimination in 
                Federally conducted education and training programs and 
                activities--including discrimination against people 
                with disabilities, prohibited by the Rehabilitation Act 
                of 1973, 29 U.S.C. 701 et seq., as amended, employment 
                discrimination on the basis of race, color, national 
                origin, sex, or religion, prohibited by Title VII of 
                the Civil Rights Act of 1964, 42 U.S.C. 2000e-17, as 
                amended, discrimination on the basis of race, color, 
                national origin, or religion in educational programs 
                receiving Federal assistance, under Title VI of the 
                Civil Rights Acts of 1964, 42 U.S.C. 2000d, and sex-
                based discrimination in education programs receiving 
                Federal assistance under Title IX of the Education 
                Amendments of 1972, 20 U.S.C. 1681 et seq. Through this 
                Executive Order, discrimination on the basis of race, 
                sex, color, national origin, disability, religion, age, 
                sexual orientation, and status as a parent will be 
                prohibited in Federally conducted education and 
                training programs and activities.

                1-102. No individual, on the basis of race, sex, color, 
                national origin, disability, religion, age, sexual 
                orientation, or status as a parent, shall be excluded 
                from participation in, be denied the benefits of, or be 
                subjected to discrimination in, a Federally conducted 
                education or training program or activity.

                Sec. 2. Definitions.

                2-201. ``Federally conducted education and training 
                programs and activities'' includes programs and 
                activities conducted, operated, or undertaken by an 
                executive department or agency.

                2-202. ``Education and training programs and 
                activities'' include, but are not limited to, formal 
                schools, extracurricular activities, academic programs, 
                occupational training, scholarships and fellowships, 
                student internships, training for industry members, 
                summer enrichment camps, and teacher training programs.

                2-203. The Attorney General is authorized to make a 
                final determination as to whether a program falls 
                within the scope of education and training

[[Page 39776]]

                programs and activities covered by this order, under 
                subsection 2-202, or is excluded from coverage, under 
                section 3.

                2-204. ``Military education or training programs'' are 
                those education and training programs conducted by the 
                Department of Defense or, where the Coast Guard is 
                concerned, the Department of Transportation, for the 
                primary purpose of educating or training members of the 
                armed forces or meeting a statutory requirement to 
                educate or train Federal, State, or local civilian law 
                enforcement officials pursuant to 10 U.S.C. Chapter 18.

                2-205. ``Armed Forces'' means the Armed Forces of the 
                United States.

                2-206. ``Status as a parent'' refers to the status of 
                an individual who, with respect to an individual who is 
                under the age of 18 or who is 18 or older but is 
                incapable of self-care because of a physical or mental 
                disability, is:

(a)

a biological parent;

(b)

an adoptive parent;

(c)

a foster parent;

(d)

a stepparent;

(e)

a custodian of a legal ward;

(f)

in loco parentis over such an individual; or

(g)

actively seeking legal custody or adoption of such an individual.

                Sec. 3. Exemption from coverage.

                3-301. This order does not apply to members of the 
                armed forces, military education or training programs, 
                or authorized intelligence activities. Members of the 
                armed forces, including students at military academies, 
                will continue to be covered by regulations that 
                currently bar specified forms of discrimination that 
                are now enforced by the Department of Defense and the 
                individual service branches. The Department of Defense 
                shall develop procedures to protect the rights of and 
                to provide redress to civilians not otherwise protected 
                by existing Federal law from discrimination on the 
                basis of race, sex, color, national origin, disability, 
                religion, age, sexual orientation, or status as a 
                parent and who participate in military education or 
                training programs or activities conducted by the 
                Department of Defense.

                3-302. This order does not apply to, affect, interfere 
                with, or modify the operation of any otherwise lawful 
                affirmative action plan or program.

                3-303. An individual shall not be deemed subjected to 
                discrimination by reason of his or her exclusion from 
                the benefits of a program established consistent with 
                federal law or limited by Federal law to individuals of 
                a particular race, sex, color, disability, national 
                origin, age, religion, sexual orientation, or status as 
                a parent different from his or her own.

                3-304. This order does not apply to ceremonial or 
                similar education or training programs or activities of 
                schools conducted by the Department of the Interior, 
                Bureau of Indian Affairs, that are culturally relevant 
                to the children represented in the school. ``Culturally 
                relevant'' refers to any class, program, or activity 
                that is fundamental to a tribe's culture, customs, 
                traditions, heritage, or religion.

                3-305. This order does not apply to (a) selections 
                based on national origin of foreign nationals to 
                participate in covered education or training programs, 
                if such programs primarily concern national security or 
                foreign policy matters; or (b) selections or other 
                decisions regarding participation in covered education 
                or training programs made by entities outside the 
                executive branch. It shall be the policy of the 
                executive branch that education or training programs or 
                activities shall not be available to entities that 
                select persons for participation in violation of 
                Federal or State law.

                3-306. The prohibition on discrimination on the basis 
                of age provided in this order does not apply to age-
                based admissions of participants to education or 
                training programs, if such programs have traditionally 
                been age-specific or must be age- limited for reasons 
                related to health or national security.

[[Page 39777]]

                Sec. 4. Administrative enforcement.

                4-401. Any person who believes himself or herself to be 
                aggrieved by a violation of this order or its 
                implementing regulations, rules, policies, or guidance 
                may, personally or through a representative, file a 
                written complaint with the agency that such person 
                believes is in violation of this order or its 
                implementing regulations, rules, policies, or guidance. 
                Pursuant to procedures to be established by the 
                Attorney General, each executive department or agency 
                shall conduct an investigation of any complaint by one 
                of its employees alleging a violation of this Executive 
                Order.

                4-402. (a) If the office within an executive department 
                or agency that is designated to investigate complaints 
                for violations of this order or its implementing rules, 
                regulations, policies, or guidance concludes that an 
                employee has not complied with this order or any of its 
                implementing rules, regulations, policies, or guidance, 
                such office shall complete a report and refer a copy of 
                the report and any relevant findings or supporting 
                evidence to an appropriate agency official. The 
                appropriate agency official shall review such material 
                and determine what, if any, disciplinary action is 
                appropriate.

                (b) In addition, the designated investigating office 
                may provide appropriate agency officials with a 
                recommendation for any corrective and/or remedial 
                action. The appropriate officials shall consider such 
                recommendation and implement corrective and/or remedial 
                action by the agency, when appropriate. Nothing in this 
                order authorizes monetary relief to the complainant as 
                a form of remedial or corrective action by an executive 
                department or agency.

                4-403. Any action to discipline an employee who 
                violates this order or its implementing rules, 
                regulations, policies, or guidance, including removal 
                from employment, where appropriate, shall be taken in 
                compliance with otherwise applicable procedures, 
                including the Civil Service Reform Act of 1978, Public 
                Law No. 95-454, 92 Stat. 1111.

                Sec. 5. Implementation and Agency Responsibilities.

                5-501. The Attorney General shall publish in the 
                Federal Register such rules, regulations, policies, or 
                guidance, as the Attorney General deems appropriate, to 
                be followed by all executive departments and agencies. 
                The Attorney General shall address:

a.

which programs and activities fall within the scope of education and 
training programs and activities covered by this order, under subsection 2-
202, or excluded from coverage, under section 3 of this order;

b.

examples of discriminatory conduct;

c.

applicable legal principles;

d.

enforcement procedures with respect to complaints against employees;

e.

remedies;

f.

requirements for agency annual and tri-annual reports as set forth in 
section 6 of this order; and

g.

such other matters as deemed appropriate.

                5-502. Within 90 days of the publication of final 
                rules, regulations, policies, or guidance by the 
                Attorney General, each executive department and agency 
                shall establish a procedure to receive and address 
                complaints regarding its Federally conducted education 
                and training programs and activities. Each executive 
                department and agency shall take all necessary steps to 
                effectuate any subsequent rules, regulations, policies, 
                or guidance issued by the Attorney General within 90 
                days of issuance.

                5-503. The head of each executive department and agency 
                shall be responsible for ensuring compliance within 
                this order.

                5-504. Each executive department and agency shall 
                cooperate with the Attorney General and provide such 
                information and assistance as the Attorney General may 
                require in the performance of the Attorney General's 
                functions under this order.

[[Page 39778]]

                5-505. Upon request and to the extent practicable, the 
                Attorney General shall provide technical advice and 
                assistance to executive departments and agencies to 
                assist in full compliance with this order.

                Sec. 6. Reporting Requirements.

                6-601. Consistent with the regulations, rules, 
                policies, or guidance issued by the Attorney General, 
                each executive department and agency shall submit to 
                the Attorney General a report that summarizes the 
                number and nature of complaints filed with the agency 
                and the disposition of such complaints. For the first 3 
                years after the date of this order, such reports shall 
                be submitted annually within 90 days of the end of the 
                preceding year's activities. Subsequent reports shall 
                be submitted every 3 years and within 90 days of the 
                end of each 3-year period.

                Sec. 7. General Provisions.

                7-701. Nothing in this order shall limit the authority 
                of the Attorney General to provide for the coordinated 
                enforcement of nondiscrimination requirements in 
                Federal assistance programs under Executive Order 
                12250.

                Sec. 8. Judicial Review.

                8-801. This order is not intended, and should not be 
                construed, to create any right or benefit, substantive 
                or procedural, enforceable at law by a party against 
                the United States, its agencies, its officers, or its 
                employees. This order is not intended, however, to 
                preclude judicial review of final decisions in 
                accordance with the Administrative Procedure Act, 5 
                U.S.C. 701, et seq.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                     June 23, 2000.

[FR Doc. 00-16434
Filed 6-26-00; 12:47 pm]
Billing code 3195-01-P