JM 8-2.242
The Federal Coordination and Compliance Section also plays a central role in coordinating compliance with Executive Order 13166, which relates to access by limited English proficiency (LEP) individuals to federal government services, and Executive Order 13160, which prohibits discrimination on a number of bases in federally conducted education and training programs.
Executive Order 13166 requires federal agencies to examine the extent to which their own programs and activities are accessible to LEP individuals who may be eligible for the services and benefits the agencies provide. The Department of Justice has responded to the Executive Order by implementing an LEP plan covering its federally conducted activities, available at http://www.usdoj.gov/crt/cor/lep/dojimp.htm. This Executive Order affects individuals in United States Attorney’s Offices, including witnesses with whom the United States Attorney’s Office may interact as well as outreach that United States Attorney’s Offices conduct with community groups. Additionally, United States Attorney’s Offices may be the first to learn about language access problems related to the activities of other federal agencies in their districts since many federal agencies have field offices or conduct enforcement activity in jurisdictions across the country.
Like Executive Order 13166, Executive Order 13160 reaches federally conducted programs and activities. Specifically, Executive Order 13160 prohibits discrimination based on race, sex, color, national origin, disability, religion, age, sexual orientation, and status as a parent in federally conducted education and training programs and activities. Executive Order 13160 covers all training programs conducted by the Executive Office of United States Attorneys, such as those at the National Advocacy Center, or by individual United States Attorney’s Offices. As with Executive Order 13166, United States Attorney’s Offices may be the first to hear about issues relating to federally provided educational or training programs that run afoul of Executive Order 13160.
Though both Executive Order 13166 and Executive Order 13160 apply to federal agency conduct, neither Executive Order creates a private right of action enforceable at law against the United
States. Executive Order 13160 does, however, provide for administrative enforcement by individual agencies receiving complaints alleging discrimination in agency-conducted education and training programs.
[added March 2018]