    [Weekly Compilation of Presidential Documents Volume 36, Number 25 (Monday, June 26, 2000)]
    [Pages 1461-1464]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Executive Order 13160--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

    June 23, 2000

        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 Act 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 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-

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    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.
        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.

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        (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.
        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.
                                                William J. Clinton
    The White House,
    June 23, 2000.

    [Filed with the Office of the Federal Register, 12:47 p.m., June 26,
    2000]

    [[Page 1464]]

    Note: This Executive order will be published in the Federal Register on
    June 27.