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

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

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.

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.

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.

    (Presidential Sig.)

THE WHITE HOUSE,

     June 23, 2000.