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