THE WHITE HOUSE
Office of the Press Secretary
(Chula Vista, California)
For Immediate Release June 23, 2000
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
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 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.
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.
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
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;
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.
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