[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Presidential Documents]
[Pages 10825-10833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03779]


 
 
                         Presidential Documents 
 
 

  Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / 
Presidential Documents  

 ___________________________________________________________________

 Title 3--
 The President

[[Page 10825]]

                Executive Order 14091 of February 16, 2023

                
Further 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 as follows:

                Section 1. Policy. On my first day in office, I signed 
                Executive Order 13985 of January 20, 2021 (Advancing 
                Racial Equity and Support for Underserved Communities 
                Through the Federal Government), which charged the 
                Federal Government with advancing equity for all, 
                including communities that have long been underserved, 
                and addressing systemic racism in our Nation's policies 
                and programs. By advancing equity, the Federal 
                Government can support and empower all Americans, 
                including the many communities in America that have 
                been underserved, discriminated against, and adversely 
                affected by persistent poverty and inequality. We can 
                also deliver resources and benefits equitably to the 
                people of the United States and rebuild trust in 
                Government.

                Over the past 2 years, through landmark legislation--
                including the American Rescue Plan Act of 2021 (Public 
                Law 117-2); the bipartisan Infrastructure Investment 
                and Jobs Act (Public Law 117-58) (Bipartisan 
                Infrastructure Law); division A of Public Law 117-167, 
                known as the Creating Helpful Incentives to Produce 
                Semiconductors (CHIPS) Act of 2022; Public Law 117-169, 
                commonly referred to as the Inflation Reduction Act of 
                2022; and the Bipartisan Safer Communities Act (Public 
                Law 117-159)--as well as executive action, my 
                Administration has vigorously championed racial equity 
                and has advanced equal opportunity for underserved 
                communities. Executive departments and agencies 
                (agencies) have engaged in historic work assessing how 
                their policies and programs perpetuate barriers for 
                underserved communities and developing strategies for 
                removing those barriers. They have made important 
                progress incorporating an evidence-based approach to 
                equitable policymaking and implementation, and they 
                have crafted new action plans to advance equity. In 
                short, my Administration has embedded a focus on equity 
                into the fabric of Federal policymaking and service 
                delivery. Our work to transform the way the Federal 
                Government serves the American people has been 
                complemented by Executive Order 14035 of June 25, 2021 
                (Diversity, Equity, Inclusion, and Accessibility in the 
                Federal Workforce), which continues to help ensure that 
                my Administration--the most diverse in our Nation's 
                history--reflects the growing diversity of the 
                communities we serve.

                My Administration's commitment to equity has produced 
                better decision-making and more equitable outcomes. We 
                have delivered the most equitable economic recovery in 
                memory, and, driven by the expanded Child Tax Credit, 
                we cut child poverty to its lowest rate on record in 
                2021, including record low Black, Latino, Native 
                American, and rural child poverty. Under my 
                Administration, the economy has created nearly 11 
                million jobs, and we have brought down unemployment 
                nationwide--in particular for Black and Latino workers, 
                for whom unemployment rates are near 50-year lows. My 
                Administration has provided emergency rental assistance 
                to help millions of families stay in their homes, and 
                we have prohibited Federal contractors from paying 
                people with disabilities subminimum wages. We are 
                rebuilding roads and bridges, replacing the Nation's 
                lead pipes to provide clean drinking water for all, 
                delivering access to affordable high-speed internet to 
                Americans

[[Page 10826]]

                in both rural and urban communities, investing in 
                public transit, and reconnecting communities previously 
                cut off from economic opportunity by highways, rail 
                lines, or disinvestment. My Administration has provided 
                funding to improve accessibility for passengers with 
                disabilities on rail systems and in airports, expanded 
                health coverage for millions of Americans, and expanded 
                home- and community-based services so more people with 
                disabilities and older adults can live independently. 
                We have secured billions of dollars in direct new 
                investments for Tribal Nations and Native American 
                communities and have directed an increase in the share 
                of Federal Government contract spending awarded to 
                small disadvantaged businesses. My Administration has 
                taken action to strengthen public safety, advance 
                criminal justice reform, correct our country's failed 
                approach to marijuana, protect civil rights, and stand 
                up against rising extremism and hate-fueled violence 
                that threaten the fabric of our democracy. We have 
                taken historic steps to advance full equality for 
                lesbian, gay, bisexual, transgender, queer, and 
                intersex (LGBTQI+) Americans, including by ending the 
                ban on transgender service members in our military; 
                prohibiting discrimination based on sexual orientation, 
                gender identity, and sex characteristics across Federal 
                programs; and signing into law the Respect for Marriage 
                Act (Public Law 117-228) to preserve protections for 
                the rights of same-sex and interracial couples. My 
                Administration is also implementing the first-ever 
                National Strategy on Gender Equity and Equality to 
                ensure that all people, regardless of gender, have the 
                opportunity to realize their full potential.

                These transformative achievements have advanced the 
                work of building a more equitable Nation. Yet, members 
                of underserved communities--many of whom have endured 
                generations of discrimination and disinvestment--still 
                confront significant barriers to realizing the full 
                promise of our great Nation, and the Federal Government 
                has a responsibility to remove these barriers. It is 
                imperative to reject the narrow, cramped view of 
                American opportunity as a zero-sum game. When any 
                person or community is denied freedom, dignity, and 
                prosperity, our entire Nation is held back. But when we 
                lift each other up, we are all lifted up. Therefore, my 
                Administration must take additional action across the 
                Federal Government--in collaboration with civil 
                society, the private sector, and State and local 
                government--to continue the work begun with Executive 
                Order 13985 to combat discrimination and advance equal 
                opportunity, including by redressing unfair disparities 
                and removing barriers to Government programs and 
                services. Achieving racial equity and support for 
                underserved communities is not a one-time project. It 
                must be a multi-generational commitment, and it must 
                remain the responsibility of agencies across the 
                Federal Government. It therefore continues to be the 
                policy of my Administration to advance an ambitious, 
                whole-of-government approach to racial equity and 
                support for underserved communities and to continuously 
                embed equity into all aspects of Federal decision-
                making.

                This order builds upon my previous equity-related 
                Executive Orders by extending and strengthening equity-
                advancing requirements for agencies, and it positions 
                agencies to deliver better outcomes for the American 
                people. In doing so, the Federal Government shall 
                continue to pursue ambitious goals to build a strong, 
                fair, and inclusive workforce and economy; invest in 
                communities where Federal policies have historically 
                impeded equal opportunity--both rural and urban--in 
                ways that mitigate economic displacement, expand access 
                to capital, preserve housing and neighborhood 
                affordability, root out discrimination in the housing 
                market, and build community wealth; advance equity in 
                health, including mental and behavioral health and 
                well-being; deliver an equitable response to the COVID-
                19 pandemic; deliver environmental justice and 
                implement the Justice40 Initiative; build prosperity in 
                rural communities; ensure equitable procurement 
                practices, including through small disadvantaged 
                businesses contracting and the Buy Indian Act (25 
                U.S.C. 47); pursue educational equity so that our 
                Nation's schools put every student on a path to 
                success; improve our Nation's criminal justice system 
                to end unjust disparities, strengthen public safety, 
                and ensure

[[Page 10827]]

                equal justice under law; promote equity in science and 
                root out bias in the design and use of new 
                technologies, such as artificial intelligence; protect 
                the right to vote and realize the promise of our 
                Nation's civil rights laws; and promote equity and 
                human rights around the world through our foreign 
                policy and foreign assistance. By redoubling our 
                efforts, the Federal Government can help bridge the gap 
                between the world we see and the future we seek.

                Sec. 2. Establishing Equity-Focused Leadership Across 
                the Federal Government. (a) Establishment of Agency 
                Equity Teams. The Secretary of State, the Secretary of 
                the Treasury, the Secretary of Defense, the Attorney 
                General, the Secretary of the Interior, the Secretary 
                of Agriculture, the Secretary of Commerce, the 
                Secretary of Labor, the Secretary of Health and Human 
                Services, the Secretary of Housing and Urban 
                Development, the Secretary of Transportation, the 
                Secretary of Energy, the Secretary of Education, the 
                Secretary of Veterans Affairs, the Secretary of 
                Homeland Security, the Administrator of the Small 
                Business Administration, the Commissioner of Social 
                Security, the Administrator of General Services, the 
                Administrator of the United States Agency for 
                International Development, the Administrator of the 
                Environmental Protection Agency, the Administrator of 
                the National Aeronautics and Space Administration, the 
                Director of the National Science Foundation, and the 
                Director of the Office of Personnel Management (agency 
                heads) shall, within 30 days of the date of this order, 
                ensure that they have in place an Agency Equity Team 
                within their respective agencies to coordinate the 
                implementation of equity initiatives and ensure that 
                their respective agencies are delivering equitable 
                outcomes for the American people.

(i) Each Agency Equity Team shall be led by a designated senior official 
(senior designee) charged with implementing my Administration's equity 
initiatives, and shall include senior officials from the office of the 
agency head and the agency's program, policy, civil rights, regulatory, 
science, technology, service delivery, financial assistance and grants, 
data, budget, procurement, public engagement, legal, and evaluation 
offices, as well as the agency's Chief Diversity Officer, to the extent 
applicable. Agency Equity Teams shall include a combination of competitive 
service employees, as defined by 5 U.S.C. 2102(a), and appointees, as 
defined in Executive Order 13989 of January 20, 2021 (Ethics Commitments by 
Executive Branch Personnel), and, to the extent practicable, shall build 
upon and coordinate with the agency's existing structures and processes, 
including with the agency's environmental justice officer designated 
pursuant to Executive Order 14008 of January 27, 2021 (Tackling the Climate 
Crisis at Home and Abroad), and with the senior agency official designated 
to coordinate with the Gender Policy Council pursuant to Executive Order 
14020 of March 8, 2021 (Establishment of the White House Gender Policy 
Council).

(ii) The senior designee at each agency shall be responsible for delivering 
equitable outcomes, to the extent consistent with applicable law, and shall 
report to the agency head.

(iii) Each Agency Equity Team shall support continued equity training and 
equity leadership development for staff across all levels of the agency's 
workforce.

(iv) Each agency's senior designee shall coordinate with the agency head, 
agency budget officials, and the Office of Management and Budget (OMB) to 
ensure that the Agency Equity Team has sufficient resources, including 
staffing and data collection capacity, to advance the agency's equity 
goals. Agency heads shall ensure that their respective Agency Equity Teams 
serve in an advisory and coordination role on priority agency actions.

                    (b) Establishment of the White House Steering 
                Committee on Equity. There is hereby established a 
                White House Steering Committee on Equity (Steering 
                Committee), which shall be chaired by the Assistant to 
                the President for

[[Page 10828]]

                Domestic Policy. The Steering Committee shall include 
                senior officials representing policy councils and 
                offices within the Executive Office of the President, 
                as appropriate. The Steering Committee shall:

(i) coordinate Government-wide efforts to advance equity;

(ii) coordinate an annual process to consult with agency heads on their 
respective agencies' Equity Action Plans, established in section 3(a) of 
this order;

(iii) coordinate with the leadership of the White House Initiatives created 
by Executive Order 14031 of May 28, 2021 (Advancing Equity, Justice, and 
Opportunity for Asian Americans, Native Hawaiians, and Pacific Islanders); 
Executive Order 14041 of September 3, 2021 (White House Initiative on 
Advancing Educational Equity, Excellence, and Economic Opportunity Through 
Historically Black Colleges and Universities); Executive Order 14045 of 
September 13, 2021 (White House Initiative on Advancing Educational Equity, 
Excellence, and Economic Opportunity for Hispanics); Executive Order 14049 
of October 11, 2021 (White House Initiative on Advancing Educational 
Equity, Excellence, and Economic Opportunity for Native Americans and 
Strengthening Tribal Colleges and Universities); and Executive Order 14050 
of October 19, 2021 (White House Initiative on Advancing Educational 
Equity, Excellence, and Economic Opportunity for Black Americans);

(iv) coordinate with the White House Environmental Justice Interagency 
Council to ensure that equity and environmental justice efforts are 
consistent and mutually reinforcing;

(v) coordinate with the White House Gender Policy Council to align efforts 
to advance gender equity with broader equity efforts; and

(vi) monitor agencies' activities and promote accountability to ensure that 
agencies undertake ambitious and measurable steps to deliver equitable 
outcomes for the American people.

                Sec. 3. Delivering Equitable Outcomes Through 
                Government Policies, Programs, and Activities. Each 
                agency head shall support ongoing implementation of a 
                comprehensive equity strategy that uses the agency's 
                policy, budgetary, programmatic, service-delivery, 
                procurement, data-collection processes, grantmaking, 
                public engagement, research and evaluation, and 
                regulatory functions to enable the agency's mission and 
                service delivery to yield equitable outcomes for all 
                Americans, including underserved communities.

                    (a) In September 2023, and on an annual basis 
                thereafter, concurrent with the agencies' submission to 
                OMB for the President's Budget, agency heads shall 
                submit an Equity Action Plan to the Steering Committee. 
                The Equity Action Plan shall include actions to advance 
                equity, including under Executive Order 13985, 
                Executive Order 13988 of January 20, 2021 (Preventing 
                and Combating Discrimination on the Basis of Gender 
                Identity or Sexual Orientation), Executive Order 14008, 
                and Executive Order 14020.
                    (b) Each Equity Action Plan, which shall be made 
                public, shall include:

(i) an update on the progress made by the agency on the actions, 
performance measures, and milestones highlighted in the preceding year's 
Equity Action Plan, as well as the agency's performance on the annual 
Environmental Justice Scorecard established pursuant to section 223 of 
Executive Order 14008, as applicable;

(ii) potential barriers that underserved communities may face in accessing 
and benefitting from the agency's policies, programs, and activities, 
including procurement, contracting, and grant opportunities;

(iii) strategies, including new or revised policies and programs, to 
address the barriers described in subsection (b)(ii) of this section and to 
ensure equitable access and opportunity for underserved communities; and

(iv) a description of how the agency intends to meaningfully engage with 
underserved communities, including through accessible, culturally and

[[Page 10829]]

linguistically appropriate outreach, and the incorporation of the 
perspectives of those with lived experiences into agency policies, 
programs, and activities.

                    (c) Starting with formulation of the Fiscal Year 
                2025 Budget and for each subsequent year, the Director 
                of OMB shall consider how the President's Budget can 
                support the Equity Action Plans described in subsection 
                (a) of this section in order to reinforce agency 
                efforts to meaningfully engage with and invest in 
                underserved communities and advance equitable outcomes.
                    (d) To ensure effective implementation of Equity 
                Action Plans, and to strengthen the Federal 
                Government's equitable delivery of resources and 
                benefits to all, agency heads shall:

(i) prioritize and incorporate strategies to advance equity--including by 
pursuing evidence-based approaches, reducing administrative burdens, 
increasing access to technical assistance, and implementing equitable data 
practices, consistent with applicable law, into their respective:

  (A) agency strategic plans developed pursuant to 5 U.S.C. 306(a);

  (B) agency performance plans developed pursuant to 31 U.S.C. 1115 and 
1116;

  (C) portions of performance plans relating to human and capital resource 
requirements to achieve performance goals pursuant to 31 U.S.C. 
1115(b)(5)(A);

  (D) agency priority goals developed pursuant to 31 U.S.C. 1120;

  (E) evaluation and evidence-building activities pursuant to the 
Foundations for Evidence-Based Policymaking Act of 2018 (Public Law 115-
435) and section 5 of the Presidential Memorandum of January 27, 2021 
(Restoring Trust in Government Through Scientific Integrity and Evidence-
Based Policymaking);

  (F) customer experience capacity assessments and action plans pursuant to 
section 280 of OMB Circular A-11 and Executive Order 14058 of December 13, 
2021 (Transforming Federal Customer Experience and Service Delivery to 
Rebuild Trust in Government);

  (G) selection of items for their respective regulatory agendas and plans 
pursuant to sections 4(b) and (c) of Executive Order 12866 of September 30, 
1993 (Regulatory Planning and Review), as amended;

  (H) individual performance plans for senior executives consistent with 5 
U.S.C. 4312, and for other senior employees consistent with 5 U.S.C. 4302; 
and

  (I) as permitted by law, activities, acquisitions, and strategies that 
the Director of OMB determines to be appropriate to further the 
implementation of this order;

(ii) identify opportunities, as appropriate and consistent with applicable 
law, to incorporate into new regulations and to modify their respective 
agencies' regulations, internal- and public-facing guidance, and other 
policies to include advancing equity as part of their respective agencies' 
missions; and

(iii) promote coordination within and among their respective agencies 
concerning the elements of their respective Equity Action Plans and the 
recommendations of the Interagency Working Group on Equitable Data 
established in Executive Order 13985.

                Sec. 4. Embedding Equity into Government-wide 
                Processes.

                    (a) The Director of OMB shall consider 
                opportunities to review and update internal processes, 
                directives, and Government-wide guidance (such as OMB 
                Circulars and Memoranda) to support equitable decision-
                making, promote equitable deployment of financial and 
                technical assistance, and assist agencies in advancing 
                equity, as appropriate and wherever possible.

[[Page 10830]]

                    (b) When designing, developing, acquiring, and 
                using artificial intelligence and automated systems in 
                the Federal Government, agencies shall do so, 
                consistent with applicable law, in a manner that 
                advances equity.

                Sec. 5. Delivering Equitable Outcomes in Partnership 
                with Underserved Communities. Underserved communities 
                often face significant barriers and legacy exclusions 
                in engaging with agencies and providing input on 
                Federal policies and programs that affect them. 
                Agencies must increase engagement with underserved 
                communities by identifying and applying innovative 
                approaches to improve the quality, frequency, and 
                accessibility of engagement. Agencies shall, consistent 
                with applicable law:

                    (a) conduct proactive engagement, as appropriate, 
                with members of underserved communities--for example, 
                through culturally and linguistically appropriate 
                listening sessions, outreach events, or requests for 
                information--during development and implementation of 
                agencies' respective annual Equity Action Plans, annual 
                budget submissions, grants and funding opportunities, 
                and other actions, including those outlined in section 
                3(d) of this order;
                    (b) collaborate with OMB, as appropriate, to 
                identify and develop tools and methods for engagement 
                with underserved communities, including those related 
                to agency budget development and rulemaking;
                    (c) create more flexibilities, incentives, and 
                guidelines for recipients of Federal funding and 
                permits to proactively engage with underserved 
                communities as projects are designed and implemented;
                    (d) identify funding opportunities for community- 
                and faith-based organizations working in and with 
                underserved communities to improve access to benefits 
                and services for members of underserved communities; 
                and
                    (e) identify and address barriers for individuals 
                with disabilities, as well as older adults, to 
                participate in the engagement process, including 
                barriers to the accessibility of physical spaces, 
                virtual platforms, presentations, systems, training, 
                and documents.

                Sec. 6. Creating Economic Opportunity in Rural America 
                and Advancing Urban Equitable Development. (a) Agencies 
                shall undertake efforts, to the extent consistent with 
                applicable law, to help rural communities identify and 
                access Federal resources in order to create equitable 
                economic opportunity and advance projects that build 
                community wealth, including by providing or supporting 
                technical assistance; incentivizing the creation of 
                good, high-paying union jobs in rural areas; conducting 
                outreach to and soliciting input from rural community 
                leaders; and contributing new resources and support to 
                interagency programs such as the Rural Partners 
                Network.

                    (b) Agencies shall undertake efforts, to the extent 
                consistent with applicable law, to strengthen urban 
                equitable development policies and practices, such as 
                advancing community wealth building projects; 
                preventing physical and economic displacement as the 
                result of Federal investments; facilitating equitable 
                flows of private capital, including to underserved 
                communities; and incorporating outcome-based metrics 
                focused on urban equitable development in the design 
                and deployment of Federal programs and policies. To 
                support these efforts, the Assistant to the President 
                for Domestic Policy shall issue a policy memorandum on 
                actions agencies can take to advance urban equitable 
                development.
                    (c) Executive Order 13946 of August 24, 2020 
                (Targeting Opportunity Zones and Other Distressed 
                Communities for Federal Site Locations), including the 
                amendments it made to Executive Order 12072 of August 
                16, 1978 (Federal Space Management), and to Executive 
                Order 13006 of May 21, 1996 (Locating Federal 
                Facilities on Historic Properties in Our Nation's 
                Central Cities), is revoked. Executive Orders 12072 and 
                13006 are reinstated as they were prior to issuance of 
                Executive Order 13946. Executive Order 13853 of 
                December 12, 2018 (Establishing the White House 
                Opportunity and Revitalization Council), is also 
                revoked. All agencies shall, consistent

[[Page 10831]]

                with applicable law, including the Administrative 
                Procedure Act (5 U.S.C. 551 et seq.), consider taking 
                prompt action to revoke any rules, regulations, 
                guidelines, or policies implementing these Presidential 
                actions that are inconsistent with the provisions of 
                this order. Further, agencies shall ensure that 
                planning for new Federal facilities or new leases 
                includes consideration of neighborhoods and locations 
                that are near existing employment centers and are 
                accessible to a broad range of the region's workforce 
                and population by public transit (where it exists), 
                consistent with Executive Order 12072. Agencies shall 
                identify displacement risks associated with Federal 
                facility siting and development and shall engage with 
                any community that may be affected, along with 
                appropriate regional and local officials, to mitigate 
                those displacement risks.

                Sec. 7. Advancing Equitable Procurement. (a) The 
                Government-wide goal for Federal procurement dollars 
                awarded to small business concerns owned and controlled 
                by socially and economically disadvantaged individuals 
                (SDBs) shall be 15 percent in Fiscal Year 2025. In 
                furtherance of this goal, OMB shall set a Government-
                wide SDB goal for Fiscal Year 2024. The Small Business 
                Administration shall, on an annual basis, work with 
                each agency to establish an agency-specific goal that, 
                in aggregate, supports the Government-wide goal. 
                Further, agencies shall undertake efforts to increase 
                contracting opportunities for all other small business 
                concerns as described in the Small Business Act (15 
                U.S.C. ch. 14A).

                    (b) Agencies shall expand procurement opportunities 
                for SDBs through Federal financial assistance, 
                consistent with applicable law, under the Bipartisan 
                Infrastructure Law, the Inflation Reduction Act of 
                2022, and other Federal financial assistance programs.

                Sec. 8. Affirmatively Advancing Civil Rights. Agencies 
                shall comprehensively use their respective civil rights 
                authorities and offices to prevent and address 
                discrimination and advance equity for all, including to 
                increase the effects of civil rights enforcement and to 
                increase public awareness of civil rights principles, 
                consistent with applicable law. Agencies shall consider 
                opportunities to:

                    (a) further elevate their respective civil rights 
                offices, including by directing that their most senior 
                civil rights officer report to the agency head;
                    (b) ensure that their respective civil rights 
                offices are consulted on decisions regarding the 
                design, development, acquisition, and use of artificial 
                intelligence and automated systems;
                    (c) increase coordination, communication, and 
                engagement with community-based organizations and civil 
                rights organizations;
                    (d) increase the capacity, including staffing 
                capacity, of their respective civil rights offices, in 
                coordination with OMB;
                    (e) improve accessibility for people with 
                disabilities and improve language access services to 
                ensure that all communities can engage with agencies' 
                respective civil rights offices, including by fully 
                implementing Executive Order 13166 of August 11, 2000 
                (Improving Access to Services for Persons with Limited 
                English Proficiency); and
                    (f) prevent and remedy discrimination, including by 
                protecting the public from algorithmic discrimination.

                Sec. 9. Further Advancing Equitable Data Practices. The 
                Office of Science and Technology Policy (OSTP) National 
                Science and Technology Council Subcommittee on 
                Equitable Data shall, to the extent consistent with 
                applicable law, coordinate the implementation of 
                relevant recommendations of the Interagency Working 
                Group on Equitable Data established in Executive Order 
                13985. The Director of OSTP shall provide a report on 
                the Subcommittee's progress to the Steering Committee 
                every January and July.

                Sec. 10. Definitions. For purposes of this order:

                    (a) The term ``equity'' means the consistent and 
                systematic treatment of all individuals in a fair, 
                just, and impartial manner, including individuals who 
                belong to communities that often have been denied such 
                treatment,

[[Page 10832]]

                such as Black, Latino, Indigenous and Native American, 
                Asian American, Native Hawaiian, and Pacific Islander 
                persons and other persons of color; members of 
                religious minorities; women and girls; LGBTQI+ persons; 
                persons with disabilities; persons who live in rural 
                areas; persons who live in United States Territories; 
                persons otherwise adversely affected by persistent 
                poverty or inequality; and individuals who belong to 
                multiple such communities.
                    (b) The term ``underserved communities'' refers to 
                those populations as well as geographic communities 
                that have been systematically denied the opportunity to 
                participate fully in aspects of economic, social, and 
                civic life, as defined in Executive Orders 13985 and 
                14020.
                    (c) The term ``equitable development'' refers to a 
                positive development approach that employs processes, 
                policies, and programs that aim to meet the needs of 
                all communities and community members, with a 
                particular focus on underserved communities and 
                populations.
                    (d) The term ``community wealth building'' refers 
                to an approach to economic development that strengthens 
                the capacities of underserved communities by ensuring 
                institutions and local economies have ownership models 
                with greater community participation and control. This 
                results in upgrading skills, growing entrepreneurs, 
                increasing incomes, expanding net asset ownership, and 
                fostering social well-being.
                    (e) The term ``equitable data'' refers to data that 
                allow for rigorous assessment of the extent to which 
                Government programs and policies yield consistently 
                fair, just, and impartial treatment of all individuals.
                    (f) The term ``algorithmic discrimination'' refers 
                to instances when automated systems contribute to 
                unjustified different treatment or impacts disfavoring 
                people based on their actual or perceived race, color, 
                ethnicity, sex (including based on pregnancy, 
                childbirth, and related conditions; gender identity; 
                intersex status; and sexual orientation), religion, 
                age, national origin, limited English proficiency, 
                disability, veteran status, genetic information, or any 
                other classification protected by law.

                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) Agencies not covered by section 2(a) of this 
                order, including independent agencies, are strongly 
                encouraged to comply with the provisions of this order.

[[Page 10833]]

                    (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,

                    February 16, 2023.

[FR Doc. 2023-03779
Filed 2-21-23; 8:45 am]
Billing code 3395-F3-P