Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government

• Published date: 22 February 2023
• Record Number: 2023-03779
• Citation: 88 FR 10825
• Court: Executive Office Of The President
• Section: Presidential Documents

Presidential Documents

10825

Federal Register

Vol. 88, No. 35

Wednesday, February 22, 2023

Title 3—

The President

Executive Order 14091 of February 16, 2023

Further Advancing Racial Equity and Support for Under-

served 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, com-

monly 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 ad-

vanced equal opportunity for underserved communities. Executive depart-

ments 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 impor-

tant progress incorporating an evidence-based approach to equitable policy-

making 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

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in both rural and urban communities, investing in public transit, and recon-

necting communities previously cut off from economic opportunity by high-

ways, 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 disabil-

ities 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 Govern-

ment 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 discrimi-

nation and advance equal opportunity, including by redressing unfair dispari-

ties 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 displace-

ment, expand access to capital, preserve housing and neighborhood afford-

ability, 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

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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 Govern-

ment can help bridge the gap between the world we see and the future

we seek.

Sec. 2. Establishing Equity-Focused Leadership Across the Federal Govern-

ment. (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 Admin-

istrator 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 peo-

ple.

(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 employ-

ees, 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

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Domestic Policy. The Steering Committee shall include senior officials rep-

resenting 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 Is-

landers); Executive Order 14041 of September 3, 2021 (White House Initia-

tive on Advancing Educational Equity, Excellence, and Economic Oppor-

tunity 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 con-

sistent 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, Pro-

grams, and Activities. Each agency head shall support ongoing implementa-

tion of a comprehensive equity strategy that uses the agency’s policy, budg-

etary, 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 equi-

table 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 (Pre-

venting 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, perform-

ance measures, and milestones highlighted in the preceding year’s Equity

Action Plan, as well as the agency’s performance on the annual Environ-

mental 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, includ-

ing 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

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linguistically appropriate outreach, and the incorporation of the perspec-

tives 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 out-

comes.

(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, in-

creasing 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 Founda-

tions 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 poli-

cies 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 agen-

cies in advancing equity, as appropriate and wherever possible.

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(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 Com-

munities. 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 under-

served communities—for example, through culturally and linguistically ap-

propriate listening sessions, outreach events, or requests for information—

during development and implementation of agencies’ respective annual Eq-

uity Action Plans, annual budget submissions, grants and funding opportuni-

ties, 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 commu-

nities as projects are designed and implemented;

(d) identify funding opportunities for community- and faith-based organiza-

tions 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, sys-

tems, 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 oppor-

tunity 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 re-

sources 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 equi-

table flows of private capital, including to underserved communities; and

incorporating outcome-based metrics focused on urban equitable develop-

ment 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), includ-

ing 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

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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 incon-

sistent 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 Bipar-

tisan 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 opportuni-

ties 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 intel-

ligence and automated systems;

(c) increase coordination, communication, and engagement with commu-

nity-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 applica-

ble 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,

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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 eco-

nomic development that strengthens the capacities of underserved commu-

nities 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 owner-

ship, and fostering social well-being.

(e) The term ‘‘equitable data’’ refers to data that allow for rigorous assess-

ment of the extent to which Government programs and policies yield consist-

ently fair, just, and impartial treatment of all individuals.

(f) The term ‘‘algorithmic discrimination’’ refers to instances when auto-

mated 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 inde-

pendent agencies, are strongly encouraged to comply with the provisions

of this order.

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(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.

THE WHITE HOUSE,

February 16, 2023.

[FR Doc. 2023–03779

Filed 2–21–23; 8:45 am]

Billing code 3395–F3–P

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