42 U.S.C. § 2000d — Prohibition against exclusion from par-

Page 5254 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2000c–7 § 2000c–7. Liability of United States for costs In any action or proceeding under this sub- chapter the United States shall be liable for costs the same as a private person. (Pub. L. 88–352, title IV, § 408, July 2, 1964, 78 Stat. 249.) § 2000c–8. Personal suits for relief against dis- crimination in public education Nothing in this subchapter shall affect ad- versely the right of any person to sue for or ob- tain relief in any court against discrimination in public education. (Pub. L. 88–352, title IV, § 409, July 2, 1964, 78 Stat. 249.) § 2000c–9. Classification and assignment Nothing in this subchapter shall prohibit clas- sification and assignment for reasons other than race, color, religion, sex or national origin. (Pub. L. 88–352, title IV, § 410, July 2, 1964, 78 Stat. 249; Pub. L. 92–318, title IX, § 906(a), June 23, 1972, 86 Stat. 375.) Editorial Notes AMENDMENTS 1972—Pub. L. 92–318 inserted ‘‘sex’’ after ‘‘religion,’’. SUBCHAPTER V—FEDERALLY ASSISTED PROGRAMS § 2000d. Prohibition against exclusion from par- ticipation in, denial of benefits of, and dis- crimination under federally assisted pro- grams on ground of race, color, or national origin No person in the United States shall, on the ground of race, color, or national origin, be ex- cluded from participation in, be denied the bene- fits of, or be subjected to discrimination under any program or activity receiving Federal finan- cial assistance. (Pub. L. 88–352, title VI, § 601, July 2, 1964, 78 Stat. 252.) Executive Documents COORDINATION OF IMPLEMENTATION AND ENFORCEMENT OF PROVISIONS For provisions relating to the coordination of imple- mentation and enforcement of the provisions of this subchapter by the Attorney General, see section 1–201 of Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out as a note under section 2000d–1 of this title. EX. ORD. NO. 13160. NONDISCRIMINATION ON THE BASIS OF RACE, SEX, COLOR, NATIONAL ORIGIN, DISABILITY, RE- LIGION, AGE, SEXUAL ORIENTATION, AND STATUS AS A PARENT IN FEDERALLY CONDUCTED EDUCATION AND TRAINING PROGRAMS Ex. Ord. No. 13160, June 23, 2000, 65 F.R. 39775, pro- vided: 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; sec- tion 7301 of title 5, United States Code; and section 301 of title 3, United States Code, and to achieve equal op- portunity in Federally conducted education and train- ing programs and activities, it is hereby ordered as fol- lows: 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 edu- cational opportunities as it applies to the education programs and activities of State and local govern- ments, and to private institutions receiving Federal fi- nancial assistance. Existing laws and regulations pro- hibit certain forms of discrimination in Federally con- ducted education and training programs and activi- ties—including discrimination against people with dis- abilities, prohibited by the Rehabilitation Act of 1973, 29 U.S.C. 701 et seq., as amended, employment discrimi- nation 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 [42 U.S.C. 2000e et seq.], as amended, discrimination on the basis of race, color, national origin, or religion in educational programs re- ceiving Federal assistance, under Title VI of the Civil Rights Acts of 1964, 42 U.S.C. 2000d [et seq.], 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, sex- ual orientation, and status as a parent will be prohib- ited in Federally conducted education and training pro- grams and activities. 1–102. No individual, on the basis of race, sex, color, national origin, disability, religion, age, sexual ori- entation, or status as a parent, shall be excluded from participation in, be denied the benefits of, or be sub- jected to discrimination in, a Federally conducted edu- cation or training program or activity. SEC. 2. Definitions. 2–201. ‘‘Federally conducted education and training programs and activities’’ includes programs and activi- ties conducted, operated, or undertaken by an execu- tive department or agency. 2–202. ‘‘Education and training programs and activi- ties’’ include, but are not limited to, formal schools, extracurricular activities, academic programs, occupa- tional 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 with- in the scope of education and training programs and ac- tivities 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, Page 5255 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2000d or authorized intelligence activities. Members of the armed forces, including students at military acad- emies, 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 in- dividual 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 partici- pate in covered education or training programs, if such programs primarily concern national security or for- eign policy matters; or (b) selections or other decisions regarding participation in covered education or train- ing 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 par- ticipation 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 train- ing 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 imple- menting 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 regula- tions, rules, policies, or guidance. Pursuant to proce- dures to be established by the Attorney General, each executive department or agency shall conduct an inves- tigation of any complaint by one of its employees al- leging 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 em- ployee 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 evi- dence to an appropriate agency official. The appro- priate agency official shall review such material and determine what, if any, disciplinary action is appro- priate. (b) In addition, the designated investigating office may provide appropriate agency officials with a rec- ommendation for any corrective and/or remedial ac- tion. The appropriate officials shall consider such rec- ommendation and implement corrective and/or reme- dial action by the agency, when appropriate. Nothing in this order authorizes monetary relief to the com- plainant as a form of remedial or corrective action by an executive department or agency. 4–403. Any action to discipline an employee who vio- lates this order or its implementing rules, regulations, policies, or guidance, including removal from employ- ment, 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 [see Tables for classification]. SEC. 5. Implementation and Agency Responsibilities. 5–501. The Attorney General shall publish in the Fed- eral Register such rules, regulations, policies, or guid- ance, 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 activi- ties 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 com- plaints 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 Gen- eral, each executive department and agency shall es- tablish a procedure to receive and address complaints regarding its Federally conducted education and train- ing programs and activities. Each executive depart- ment and agency shall take all necessary steps to effec- tuate 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 Gen- eral’s functions under this order. 5–505. Upon request and to the extent practicable, the Attorney General shall provide technical advice and as- sistance to executive departments and agencies to as- sist 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 exec- utive department and agency shall submit to the Attor- ney General a report that summarizes the number and nature of complaints filed with the agency and the dis- position 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 Fed- eral assistance programs under Executive Order 12250 [42 U.S.C. 2000d–1 note]. 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 employ- ees. This order is not intended, however, to preclude ju- dicial review of final decisions in accordance with the Administrative Procedure Act, 5 U.S.C. 701, et seq. WILLIAM J. CLINTON. EX. ORD. NO. 13899. COMBATING ANTI-SEMITISM Ex. Ord. No. 13899, Dec. 11, 2019, 84 F.R. 68779, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Page 5256 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2000d–1 SECTION 1. Policy. My Administration is committed to combating the rise of anti-Semitism and anti-Semitic incidents in the United States and around the world. Anti-Semitic incidents have increased since 2013, and students, in particular, continue to face anti-Semitic harassment in schools and on university and college campuses. Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. 2000d et seq., prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving Federal financial assistance. While Title VI does not cover discrimination based on religion, individuals who face discrimination on the basis of race, color, or national origin do not lose pro- tection under Title VI for also being a member of a group that shares common religious practices. Dis- crimination against Jews may give rise to a Title VI violation when the discrimination is based on an indi- vidual’s race, color, or national origin. It shall be the policy of the executive branch to en- force Title VI against prohibited forms of discrimina- tion rooted in anti-Semitism as vigorously as against all other forms of discrimination prohibited by Title VI. SEC. 2. Ensuring Robust Enforcement of Title VI. (a) In enforcing Title VI, and identifying evidence of dis- crimination based on race, color, or national origin, all executive departments and agencies (agencies) charged with enforcing Title VI shall consider the following: (i) the non-legally binding working definition of anti- Semitism adopted on May 26, 2016, by the International Holocaust Remembrance Alliance (IHRA), which states, ‘‘Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetor- ical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/ or their property, toward Jewish community institu- tions and religious facilities’’; and (ii) the ‘‘Contemporary Examples of Anti-Semitism’’ identified by the IHRA, to the extent that any exam- ples might be useful as evidence of discriminatory in- tent. (b) In considering the materials described in sub- sections (a)(i) and (a)(ii) of this section, agencies shall not diminish or infringe upon any right protected under Federal law or under the First Amendment. As with all other Title VI complaints, the inquiry into whether a particular act constitutes discrimination prohibited by Title VI will require a detailed analysis of the allegations. SEC. 3. Additional Authorities Prohibiting Anti-Semitic Discrimination. Within 120 days of the date of this order [Dec. 11, 2019], the head of each agency charged with en- forcing Title VI shall submit a report to the President, through the Assistant to the President for Domestic Policy, identifying additional nondiscrimination au- thorities within its enforcement authority with respect to which the IHRA definition of anti-Semitism could be considered. SEC. 4. Rule of Construction. Nothing in this order shall be construed to alter the evidentiary require- ments pursuant to which an agency makes a deter- mination that conduct, including harassment, amounts to actionable discrimination, or to diminish or infringe upon the rights protected under any other provision of law. SEC. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. § 2000d–1. Federal authority and financial assist- ance to programs or activities by way of grant, loan, or contract other than contract of insurance or guaranty; rules and regula- tions; approval by President; compliance with requirements; reports to Congressional committees; effective date of administrative action Each Federal department and agency which is empowered to extend Federal financial assist- ance to any program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and di- rected to effectuate the provisions of section 2000d of this title with respect to such program or activity by issuing rules, regulations, or or- ders of general applicability which shall be con- sistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become ef- fective unless and until approved by the Presi- dent. Compliance with any requirement adopted pursuant to this section may be effected (1) by the termination of or refusal to grant or to con- tinue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such re- quirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other recipient as to whom such a finding has been made and, shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found, or (2) by any other means authorized by law: Provided, however, That no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the re- quirement and has determined that compliance cannot be secured by voluntary means. In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the Federal depart- ment or agency shall file with the committees of the House and Senate having legislative juris- diction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall be- come effective until thirty days have elapsed after the filing of such report. (Pub. L. 88–352, title VI, § 602, July 2, 1964, 78 Stat. 252.) Executive Documents DELEGATION OF FUNCTIONS Function of the President relating to approval of rules, regulations, and orders of general applicability under this section, delegated to the Attorney General, see section 1–101 of Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out below. EQUAL OPPORTUNITY IN FEDERAL EMPLOYMENT Nondiscrimination in government employment and in employment by government contractors and sub- contractors, see Ex. Ord. No. 11246, eff. Sept. 24, 1965, 30 F.R. 12319, and Ex. Ord. No. 11478, eff. Aug. 8, 1969, 34 F.R. 12985, set out as notes under section 2000e of this title.