Executive Order 13985 – "Advancing Racial Equity and Support for Underserved Communities Through the Federal Government”

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Presidential Documents

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 decisionmaking 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.

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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.’’

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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;

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(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.

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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

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(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:

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(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.

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(c) Independent 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,
January 20, 2021.
[FR Doc. 2021–01753
Filed 1–22–21; 11:15 am]

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