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EO 13985Executive OrderBiden · D

Executive Order 13985

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

This executive order establishes a whole-of-government equity agenda requiring federal agencies to assess whether their policies and programs perpetuate systemic barriers for underserved communities. It mandates equity assessments, creates an interagency data working group, revokes Trump-era orders on race and sex stereotyping and the 1776 Commission, and directs OMB to study methods for embedding equity in federal budgeting and decision-making.

Federal Register Open PDF 86 FR 7009

Impact dates

  1. Agency plans for addressing barriers to full and equal participation

  2. Agency equity assessment reports due to APDP

  3. OMB report on best practices for assessing equity

  4. Agency heads consider suspending/revising/rescinding EO 13950 actions

Key directives

  • OMB to study equity assessment methods and deliver report within 6 months
  • Each agency head to conduct equity assessment of selected programs/policies and report within 200 days
  • Agency heads to produce plans addressing identified barriers within 1 year
  • Establish Interagency Working Group on Equitable Data
  • OMB to identify opportunities to promote equity in presidential budget submissions
  • Agency heads to consider suspending/revising/rescinding EO 13950 actions within 60 days
  • Revoke Executive Order 13950 (Combating Race and Sex Stereotyping)
  • Revoke Executive Order 13958 (1776 Commission)

Who is ordered

Timeline

Immediate

  • Revocation of Executive Orders 13950 and 13958
  • Agency heads begin selecting programs/policies for equity review

Near term (90d)

  • OMB report on assessment methods due (within 6 months / ~July 20, 2021)
  • Agency heads consider suspending/revising/rescinding EO 13950 actions (within 60 days / ~March 21, 2021)
  • Agency equity assessment reports due (within 200 days / ~August 8, 2021)

Long term

  • Agency plans for addressing barriers due (within 1 year / ~January 20, 2022)
  • Potential structural changes to federal budgeting and resource allocation
  • Expanded federal data collection and disaggregation infrastructure

Risks & tensions

  • Vague enforcement mechanism—'strongly encouraged' for independent agencies (Sec. 11c)
  • No specific consequences for agencies failing to meet assessment/report deadlines
  • Potential legal challenges to race-conscious equity initiatives
  • Tension between equity goals and 'applicable law' constraints repeated throughout
  • Privacy interests may limit data disaggregation (Sec. 9cii)
  • Subject to appropriations availability (Sec. 11b)
Executive Order 13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal Government · Executive Orders