[Federal Register Volume 86, Number 14 (Monday, January 25, 2021)]
[Presidential Documents]
[Pages 7009-7013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01753]
Presidential Documents
Federal Register / Vol. 86 , No. 14 / Monday, January 25, 2021 /
Presidential Documents
[[Page 7009]]
Executive Order 13985 of January 20, 2021
Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered:
Section 1. Policy. Equal opportunity is the bedrock of
American democracy, and our diversity is one of our
country's greatest strengths. But for too many, the
American Dream remains out of reach. Entrenched
disparities in our laws and public policies, and in our
public and private institutions, have often denied that
equal opportunity to individuals and communities. Our
country faces converging economic, health, and climate
crises that have exposed and exacerbated inequities,
while a historic movement for justice has highlighted
the unbearable human costs of systemic racism. Our
Nation deserves an ambitious whole-of-government equity
agenda that matches the scale of the opportunities and
challenges that we face.
It is therefore the policy of my Administration that
the Federal Government should pursue a comprehensive
approach to advancing equity for all, including people
of color and others who have been historically
underserved, marginalized, and adversely affected by
persistent poverty and inequality. Affirmatively
advancing equity, civil rights, racial justice, and
equal opportunity is the responsibility of the whole of
our Government. Because advancing equity requires a
systematic approach to embedding fairness in decision-
making processes, executive departments and agencies
(agencies) must recognize and work to redress
inequities in their policies and programs that serve as
barriers to equal opportunity.
By advancing equity across the Federal Government, we
can create opportunities for the improvement of
communities that have been historically underserved,
which benefits everyone. For example, an analysis shows
that closing racial gaps in wages, housing credit,
lending opportunities, and access to higher education
would amount to an additional $5 trillion in gross
domestic product in the American economy over the next
5 years. The Federal Government's goal in advancing
equity is to provide everyone with the opportunity to
reach their full potential. Consistent with these aims,
each agency must assess whether, and to what extent,
its programs and policies perpetuate systemic barriers
to opportunities and benefits for people of color and
other underserved groups. Such assessments will better
equip agencies to develop policies and programs that
deliver resources and benefits equitably to all.
Sec. 2. Definitions. For purposes of this order: (a)
The term ``equity'' means the consistent and systematic
fair, just, and impartial treatment of all individuals,
including individuals who belong to underserved
communities that have been denied such treatment, such
as Black, Latino, and Indigenous and Native American
persons, Asian Americans and Pacific Islanders and
other persons of color; members of religious
minorities; lesbian, gay, bisexual, transgender, and
queer (LGBTQ+) persons; persons with disabilities;
persons who live in rural areas; and persons otherwise
adversely affected by persistent poverty or inequality.
(b) The term ``underserved communities'' refers to
populations sharing a particular characteristic, as
well as geographic communities, that have been
systematically denied a full opportunity to participate
in aspects of economic, social, and civic life, as
exemplified by the list in the preceding definition of
``equity.''
[[Page 7010]]
Sec. 3. Role of the Domestic Policy Council. The role
of the White House Domestic Policy Council (DPC) is to
coordinate the formulation and implementation of my
Administration's domestic policy objectives. Consistent
with this role, the DPC will coordinate efforts to
embed equity principles, policies, and approaches
across the Federal Government. This will include
efforts to remove systemic barriers to and provide
equal access to opportunities and benefits, identify
communities the Federal Government has underserved, and
develop policies designed to advance equity for those
communities. The DPC-led interagency process will
ensure that these efforts are made in coordination with
the directors of the National Security Council and the
National Economic Council.
Sec. 4. Identifying Methods to Assess Equity. (a) The
Director of the Office of Management and Budget (OMB)
shall, in partnership with the heads of agencies, study
methods for assessing whether agency policies and
actions create or exacerbate barriers to full and equal
participation by all eligible individuals. The study
should aim to identify the best methods, consistent
with applicable law, to assist agencies in assessing
equity with respect to race, ethnicity, religion,
income, geography, gender identity, sexual orientation,
and disability.
(b) As part of this study, the Director of OMB
shall consider whether to recommend that agencies
employ pilot programs to test model assessment tools
and assist agencies in doing so.
(c) Within 6 months of the date of this order, the
Director of OMB shall deliver a report to the President
describing the best practices identified by the study
and, as appropriate, recommending approaches to expand
use of those methods across the Federal Government.
Sec. 5. Conducting an Equity Assessment in Federal
Agencies. The head of each agency, or designee, shall,
in consultation with the Director of OMB, select
certain of the agency's programs and policies for a
review that will assess whether underserved communities
and their members face systemic barriers in accessing
benefits and opportunities available pursuant to those
policies and programs. The head of each agency, or
designee, shall conduct such review and within 200 days
of the date of this order provide a report to the
Assistant to the President for Domestic Policy (APDP)
reflecting findings on the following:
(a) Potential barriers that underserved communities
and individuals may face to enrollment in and access to
benefits and services in Federal programs;
(b) Potential barriers that underserved communities
and individuals may face in taking advantage of agency
procurement and contracting opportunities;
(c) Whether new policies, regulations, or guidance
documents may be necessary to advance equity in agency
actions and programs; and
(d) The operational status and level of
institutional resources available to offices or
divisions within the agency that are responsible for
advancing civil rights or whose mandates specifically
include serving underrepresented or disadvantaged
communities.
Sec. 6. Allocating Federal Resources to Advance
Fairness and Opportunity. The Federal Government
should, consistent with applicable law, allocate
resources to address the historic failure to invest
sufficiently, justly, and equally in underserved
communities, as well as individuals from those
communities. To this end:
(a) The Director of OMB shall identify
opportunities to promote equity in the budget that the
President submits to the Congress.
(b) The Director of OMB shall, in coordination with
the heads of agencies, study strategies, consistent
with applicable law, for allocating Federal resources
in a manner that increases investment in underserved
communities, as well as individuals from those
communities. The Director of OMB shall report the
findings of this study to the President.
[[Page 7011]]
Sec. 7. Promoting Equitable Delivery of Government
Benefits and Equitable Opportunities. Government
programs are designed to serve all eligible
individuals. And Government contracting and procurement
opportunities should be available on an equal basis to
all eligible providers of goods and services. To meet
these objectives and to enhance compliance with
existing civil rights laws:
(a) Within 1 year of the date of this order, the
head of each agency shall consult with the APDP and the
Director of OMB to produce a plan for addressing:
(i) any barriers to full and equal participation in programs identified
pursuant to section 5(a) of this order; and
(ii) any barriers to full and equal participation in agency procurement and
contracting opportunities identified pursuant to section 5(b) of this
order.
(b) The Administrator of the U.S. Digital Service,
the United States Chief Technology Officer, the Chief
Information Officer of the United States, and the heads
of other agencies, or their designees, shall take
necessary actions, consistent with applicable law, to
support agencies in developing such plans.
Sec. 8. Engagement with Members of Underserved
Communities. In carrying out this order, agencies shall
consult with members of communities that have been
historically underrepresented in the Federal Government
and underserved by, or subject to discrimination in,
Federal policies and programs. The head of each agency
shall evaluate opportunities, consistent with
applicable law, to increase coordination,
communication, and engagement with community-based
organizations and civil rights organizations.
Sec. 9. Establishing an Equitable Data Working Group.
Many Federal datasets are not disaggregated by race,
ethnicity, gender, disability, income, veteran status,
or other key demographic variables. This lack of data
has cascading effects and impedes efforts to measure
and advance equity. A first step to promoting equity in
Government action is to gather the data necessary to
inform that effort.
(a) Establishment. There is hereby established an
Interagency Working Group on Equitable Data (Data
Working Group).
(b) Membership.
(i) The Chief Statistician of the United States and the United States Chief
Technology Officer shall serve as Co-Chairs of the Data Working Group and
coordinate its work. The Data Working Group shall include representatives
of agencies as determined by the Co-Chairs to be necessary to complete the
work of the Data Working Group, but at a minimum shall include the
following officials, or their designees:
(A) the Director of OMB;
(B) the Secretary of Commerce, through the Director of the U.S. Census
Bureau;
(C) the Chair of the Council of Economic Advisers;
(D) the Chief Information Officer of the United States;
(E) the Secretary of the Treasury, through the Assistant Secretary of the
Treasury for Tax Policy;
(F) the Chief Data Scientist of the United States; and
(G) the Administrator of the U.S. Digital Service.
(ii) The DPC shall work closely with the Co-Chairs of the Data Working
Group and assist in the Data Working Group's interagency coordination
functions.
(iii) The Data Working Group shall consult with agencies to facilitate the
sharing of information and best practices, consistent with applicable law.
(c) Functions. The Data Working Group shall:
[[Page 7012]]
(i) through consultation with agencies, study and provide recommendations
to the APDP identifying inadequacies in existing Federal data collection
programs, policies, and infrastructure across agencies, and strategies for
addressing any deficiencies identified; and
(ii) support agencies in implementing actions, consistent with applicable
law and privacy interests, that expand and refine the data available to the
Federal Government to measure equity and capture the diversity of the
American people.
(d) OMB shall provide administrative support for
the Data Working Group, consistent with applicable law.
Sec. 10. Revocation. (a) Executive Order 13950 of
September 22, 2020 (Combating Race and Sex
Stereotyping), is hereby revoked.
(b) The heads of agencies covered by Executive
Order 13950 shall review and identify proposed and
existing agency actions related to or arising from
Executive Order 13950. The head of each agency shall,
within 60 days of the date of this order, consider
suspending, revising, or rescinding any such actions,
including all agency actions to terminate or restrict
contracts or grants pursuant to Executive Order 13950,
as appropriate and consistent with applicable law.
(c) Executive Order 13958 of November 2, 2020
(Establishing the President's Advisory 1776
Commission), is hereby revoked.
Sec. 11. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) Independent agencies are strongly encouraged to
comply with the provisions of this order.
[[Page 7013]]
(d) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable 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.
(Presidential Sig.)
THE WHITE HOUSE,
January 20, 2021.
[FR Doc. 2021-01753
Filed 1-22-21; 11:15 am]
Billing code 3295-F1-P