[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]

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