of June 23, 2000 [Page 39775]
---DISCLAIMER---
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.
THE WHITE HOUSE, June 23, 2000.
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