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EO 13160Executive OrderClinton · D

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

This executive order prohibits discrimination based on race, sex, color, national origin, disability, religion, age, sexual orientation, and parental status in all federally conducted education and training programs. It requires executive agencies to establish complaint procedures, mandates Attorney General-issued implementing regulations, and establishes annual then triennial reporting requirements on complaints and their disposition.

Federal Register Open PDF 65 FR 39775

Impact dates

  1. Attorney General publication of implementing rules/regulations/guidance in Federal Register

  2. First triennial report due

  3. Third annual report due

  4. Second annual report due

  5. First annual report due (within 90 days of end of first year)

  6. Agencies establish complaint procedures

Key directives

  • Prohibit discrimination on 9 protected bases in all federally conducted education and training programs
  • Attorney General to publish implementing regulations/guidance in Federal Register
  • Attorney General authorized to make final determinations on program scope coverage
  • Agencies must establish complaint procedures within 90 days of AG's final rules publication
  • Agencies must effectuate subsequent AG rules within 90 days of issuance
  • Agency heads responsible for ensuring compliance
  • Annual reports for first 3 years, then triennial reports on complaints and disposition
  • DoD to develop procedures protecting civilians in military education/training programs from discrimination

Who is ordered

Timeline

Immediate

  • EO takes effect; policy statement binding on executive departments and agencies
  • prohibition on discrimination in federally conducted education/training programs active

Near term (90d)

  • Attorney General to publish implementing rules/regulations/guidance in Federal Register (no fixed deadline for publication itself)
  • within 90 days of AG's final rules publication: agencies must establish complaint procedures
  • within 90 days of any subsequent AG issuance: agencies must effectuate new rules/guidance

Long term

  • annual reports due within 90 days of year-end for first 3 years after June 23, 2000 (reports due by approximately March 24, 2001, 2002, 2003)
  • triennial reports every 3 years thereafter within 90 days of each 3-year period
  • ongoing compliance obligations for all executive agencies

Risks & tensions

  • No monetary relief authorized for complainants—limits remedial effectiveness
  • Judicial review explicitly limited; no private right of action created by the EO itself
  • Scope ambiguity: AG has discretionary authority to determine which programs fall under coverage
  • Military and intelligence exemptions (Sec. 3) create enforcement gaps for significant federal education sectors
  • 'Status as a parent' definition is unusually broad and may create implementation complexity
  • Age-based admissions exception (3-306) and ceremonial/cultural exemption for BIA schools (3-304) create categorical carve-outs that may generate disputes
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 · Executive Orders