Advancing racial Equity and Support for Underserved Communities Through Federal Government and 14058 Transforming Federal Customer Experience

Executive Order on Further Advancing Racial Equity and Support for Underserved Communities Through The Federal Government.pdf

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Advancing racial Equity and Support for Underserved Communities Through Federal Government and 14058 Transforming Federal Customer Experience

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FEBRUARY 16, 2023

Executive Order on 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 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 firstever 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 zerosum 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 wellbeing; 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 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 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 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 publicfacing 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.
(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 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, 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.
(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.
JOSEPH R. BIDEN JR.

THE WHITE HOUSE,
February 16, 2023.


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