Presidential Documents

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

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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.

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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.

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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, 

THE WHITE HOUSE,

June 23, 2000.

et seq.

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[FR Doc. 00–16434

Filed 6–26–00; 12:47 pm]

Billing code 3195–01–P