Presidential DocumentExecutive Order 140752022-13391
Advancing Equality for Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Individuals
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Published
June 21, 2022
Signed
June 15, 2022
Issuing agencies
Executive Office of the President
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<title>Federal Register, Volume 87 Issue 118 (Tuesday, June 21, 2022)</title>
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[Federal Register Volume 87, Number 118 (Tuesday, June 21, 2022)]
[Presidential Documents]
[Pages 37189-37195]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13391]
[[Page 37187]]
Vol. 87
Tuesday,
No. 118
June 21, 2022
Part IV
The President
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Executive Order 14075--Advancing Equality for Lesbian, Gay, Bisexual,
Transgender, Queer, and Intersex Individuals
Presidential Documents
Federal Register / Vol. 87 , No. 118 / Tuesday, June 21, 2022 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 37189]]
Executive Order 14075 of June 15, 2022
Advancing Equality for Lesbian, Gay, Bisexual,
Transgender, Queer, and Intersex Individuals
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. Our Nation has made great strides in
fulfilling the fundamental promises of freedom and
equality for lesbian, gay, bisexual, transgender,
queer, and intersex (LGBTQI+) Americans, owing to the
leadership of generations of LGBTQI+ individuals. In
spite of this historic progress, LGBTQI+ individuals
and families still face systemic discrimination and
barriers to full participation in our Nation's economic
and civic life. These disparities and barriers can be
the greatest for transgender people and LGBTQI+ people
of color. Today, unrelenting political and legislative
attacks at the State level--on LGBTQI+ children and
families in particular--threaten the civil rights gains
of the last half century and put LGBTQI+ people at
risk. These attacks defy our American values of liberty
and dignity, corrode our democracy, and threaten basic
personal safety. They echo the criminalization that
LGBTQI+ people continue to face in some 70 countries
around the world. The Federal Government must defend
the rights and safety of LGBTQI+ individuals.
It is therefore the policy of my Administration to
combat unlawful discrimination and eliminate
disparities that harm LGBTQI+ individuals and their
families, defend their rights and safety, and pursue a
comprehensive approach to delivering the full promise
of equality for LGBTQI+ individuals, consistent with
Executive Order 13988 of January 20, 2021 (Preventing
and Combating Discrimination on the Basis of Gender
Identity or Sexual Orientation).
The Federal Government must take action to address the
significant disparities that LGBTQI+ youth face in the
foster care system, the misuse of State and local child
welfare agencies to target LGBTQI+ youth and families,
and the mental health needs of LGBTQI+ youth. My
Administration must safeguard LGBTQI+ youth from
dangerous practices like so-called ``conversion
therapy''--efforts to suppress or change an
individual's sexual orientation, gender identity, or
gender expression--a discredited practice that research
indicates can cause significant harm, including higher
rates of suicide-related thoughts and behaviors by
LGBTQI+ youth. The Federal Government must strengthen
the supports for LGBTQI+ students in our Nation's
schools and other education and training programs. It
must also address the discrimination and barriers that
LGBTQI+ individuals and families face by expanding
access to comprehensive health care, including
reproductive health; protecting the rights of LGBTQI+
older adults; and preventing and addressing LGBTQI+
homelessness and housing instability. Through these
actions, the Federal Government will help ensure that
every person--regardless of who they are or whom they
love--has the opportunity to live freely and with
dignity.
Sec. 2. Addressing Harmful and Discriminatory
Legislative Attacks on LGBTQI+ Children, Youth, and
Families. (a) The Secretary of Health and Human
Services (HHS) shall, as appropriate and consistent
with applicable law, use the Department of HHS's
authorities to protect LGBTQI+ individuals' access to
medically necessary care from harmful State and local
laws and practices, and shall promote the adoption of
promising policies and practices to support health
equity, including in the area of mental health care,
for
[[Page 37190]]
LGBTQI+ youth and adults. Within 200 days of the date
of this order, the Secretary of HHS shall develop and
release sample policies for States to safeguard and
expand access to health care for LGBTQI+ individuals
and their families, including mental health services.
(b) The Secretary of Education shall, as
appropriate and consistent with applicable law, use the
Department of Education's authorities to support
LGBTQI+ students, their families, educators, and other
school personnel targeted by harmful State and local
laws and practices, and shall promote the adoption of
promising policies and practices to support the safety,
well-being, and rights of LGBTQI+ students. Within 200
days of the date of this order, the Secretary of
Education shall develop and release sample policies for
supporting LGBTQI+ students' well-being and academic
success in schools and educational institutions.
Sec. 3. Addressing Exposure to So-Called Conversion
Therapy. (a) The Secretary of HHS shall establish an
initiative to reduce the risk of youth exposure to so-
called conversion therapy. As part of that initiative,
the Secretary of HHS shall, as appropriate and
consistent with applicable law:
(i) consider whether to issue guidance clarifying for HHS programs and
services agencies that so-called conversion therapy does not meet criteria
for use in federally funded health and human services programs;
(ii) increase public awareness of the harms and risks associated with so-
called conversion therapy for LGBTQI+ youth and their families;
(iii) increase the availability of technical assistance and training to
health care and social service providers on evidence-informed promising
practices for supporting the health, including mental health, of LGBTQI+
youth, and on the dangers of so-called conversion therapy; and
(iv) seek funding opportunities for providers of evidence-based trauma-
informed services to better support survivors of so-called conversion
therapy.
(b) The Federal Trade Commission is encouraged to
consider whether so-called conversion therapy
constitutes an unfair or deceptive act or practice, and
to issue such consumer warnings or notices as may be
appropriate.
(c) To address so-called conversion therapy around
the world, within 180 days of the date of this order,
the Secretary of State, in collaboration with the
Secretary of the Treasury, the Secretary of HHS, and
the Administrator of the United States Agency for
International Development, shall develop an action plan
to promote an end to its use around the world. In
developing the action plan, the Secretary of State
shall consider the use of United States foreign
assistance programs and the United States voice and
vote in multilateral development banks and
international development institutions of which the
United States is a shareholder or donor to take
appropriate steps to prevent the use of so-called
conversion therapy, as well as to help ensure that
United States foreign assistance programs do not use
foreign assistance funds for so-called conversion
therapy. To further critical data collection, the
Secretary of State shall instruct all United States
Embassies and Missions worldwide to submit additional
information on the practice and incidence of so-called
conversion therapy as part of the Country Reports on
Human Rights Practices.
Sec. 4. Promoting Family Counseling and Support of
LGBTQI+ Youth as a Public Health Priority of the United
States. (a) ``Family counseling and support programs''
are defined for the purposes of this order as voluntary
programs in which families and service providers may
elect to participate that seek to prevent or reduce
behaviors associated with family rejection of LGBTQI+
youth by providing developmentally appropriate support,
counseling, or information to parents, families,
caregivers, child welfare and school personnel, or
health care professionals on how to support an LGBTQI+
youth's safety and well-being.
(b) The Secretary of HHS shall seek to expand the
availability of family counseling and support programs
in federally funded health, human services, and child
welfare programs by:
[[Page 37191]]
(i) considering whether to issue guidance regarding the extent to which
Federal funding under Title IV-B and IV-E of the Social Security Act, 42
U.S.C. Ch. 7, may be used to provide family counseling and support
programs;
(ii) considering funding opportunities for programs that implement family
counseling and support models;
(iii) considering opportunities through the Centers for Disease Control and
Prevention (CDC) and the National Institutes of Health to increase Federal
research into the impacts of family rejection and family support on the
mental health and long-term well-being of LGBTQI+ individuals; and
(iv) ensuring that HHS data, investments, resources, and partnerships
related to the CDC Adverse Childhood Experiences program address the
disparities faced by LGBTQI+ children and youth.
Sec. 5. Addressing Discrimination and Barriers Faced by
LGBTQI+ Children, Youth, Parents, Caretakers, and
Families in the Child Welfare System and Juvenile
Justice Systems. (a) The Secretary of HHS shall
consider how to use the Department's authorities to
strengthen non-discrimination protections on the basis
of sex, including sexual orientation, gender identity,
and sex characteristics, in its programs and services,
consistent with Executive Order 13988 and applicable
legal requirements.
(b) The Secretary of HHS shall direct the Assistant
Secretary for Family Support to establish an initiative
to partner with State child welfare agencies to help
address and eliminate disparities in the child welfare
system experienced by LGBTQI+ children, parents, and
caregivers, including: the over-representation of
LGBTQI+ youth in the child welfare system, including
over-representation in congregate placements;
disproportionately high rates of abuse, and placements
in unsupportive or hostile environments faced by
LGBTQI+ youth in foster care; disproportionately high
rates of homelessness faced by LGBTQI+ youth who exit
foster care; and discrimination faced by LGBTQI+
parents, kin, and foster and adoptive families. The
initiative, as appropriate and consistent with
applicable law, shall also take actions to:
(i) seek funding opportunities for programs and services that improve
outcomes for LGBTQI+ children in the child welfare system;
(ii) provide increased training and technical assistance to State child
welfare agencies and child welfare personnel on promising practices to
support LGBTQI+ youth in foster care and LGBTQI+ parents and caregivers;
(iii) develop sample policies for supporting LGBTQI+ children, parents, and
caregivers in the child welfare system;
(iv) promote equity and inclusion for LGBTQI+ foster and adoptive parents
in their interactions with the child welfare system;
(v) evaluate the rate of child removals from LGBTQI+ families of origin, in
particular families that include LGBTQI+ women of color, and develop
proposals to address any disproportionate rates of child removals faced by
such families;
(vi) assess and improve the responsible collection and use of data on
sexual orientation and gender identity in the child welfare system to
measure and address inequities faced by LGBTQI+ children, parents, and
caregivers, while safeguarding the privacy, safety, and civil rights of
LGBTQI+ youth; and
(vii) advance policies that help to prevent the placement of LGBTQI+ youth
in foster and congregate care environments that will be hostile to their
gender identity or sexual orientation.
(c) The Attorney General shall establish a
clearinghouse within the Office of Juvenile Justice and
Delinquency Prevention to provide effective training,
technical assistance, and other resources for
jurisdictions seeking to better
[[Page 37192]]
serve LGBTQI+ youth using a continuum-of-care
framework. The clearinghouse shall include juvenile
justice and delinquency prevention programs addressing
the needs, including mental health needs, of LGBTQI+
youth.
Sec. 6. Reviewing Eligibility Standards for Federal
Benefits and Programs. (a) Within 180 days of the date
of this order, the Secretary of HHS shall conduct a
study on the impact that current Federal statutory and
regulatory eligibility standards have on the ability of
LGBTQI+ and other households as determined by the
Secretary to access Federal benefits and programs for
families, and shall produce a public report with
findings and recommendations that could increase
LGBTQI+ and such other households' participation in and
eligibility for Federal benefits and programs for
families.
(b) Within 100 days of the release of the
recommendations required by subsection (a) of this
section, the Director of the Office of Management and
Budget (OMB) shall coordinate with executive
departments and agencies (agencies) that administer
programs that establish eligibility standards for
participation by families to complete a review of
agencies' current eligibility standards for families.
Such agencies shall seek opportunities, consistent with
applicable law, to adopt more inclusive eligibility
standards in line with the recommendations in the
report produced pursuant to subsection (a) of this
section.
Sec. 7. Safeguarding Access to Health Care and Other
Health Supports for LGBTQI+ Individuals. The Secretary
of HHS shall establish an initiative to address the
health disparities facing LGBTQI+ youth and adults,
take steps to prevent LGBTQI+ suicide, and address the
barriers and exclusionary policies that LGBTQI+
individuals and families face in accessing quality,
affordable, comprehensive health care, including mental
health care, reproductive health care, and HIV
prevention and treatment. As part of that initiative,
the Secretary of HHS shall, as appropriate and
consistent with applicable law:
(a) seek funding opportunities related to health,
including mental health, for LGBTQI+ individuals,
especially youth, including resources for the Nation's
suicide prevention and crisis support services to
support LGBTQI+ individuals;
(b) promote expanded access to comprehensive health
care for LGBTQI+ individuals, including by working with
States on expanding access to gender-affirming care;
(c) issue guidance through the Substance Abuse and
Mental Health Services Administration and the Office of
the Assistant Secretary for Health, within 100 days of
the date of this order, on providing evidence-informed
mental health care and substance use treatment and
support services for LGBTQI+ youth; and
(d) develop and issue a report, within 1 year of
the date of this order, and after consultation with
medical experts, medical associations, and individuals
with lived expertise, on promising practices for
advancing health equity for intersex individuals.
Sec. 8. Supporting LGBTQI+ Students in our Nation's
Schools and Educational Institutions. The Secretary of
Education shall establish a Working Group on LGBTQI+
Students and Families, which shall lead an initiative
to address discrimination against LGBTQI+ students and
strengthen supports for LGBTQI+ students and families.
Through that Working Group, the Secretary of Education
shall, as appropriate and consistent with applicable
law:
(a) review, revise, develop, and promote guidance,
technical assistance, training, promising practices,
and sample policies for States, school districts, and
other educational institutions to promote safe and
inclusive learning environments in which all LGBTQI+
students thrive and to address bullying of LGBTQI+
students;
(b) identify promising practices for helping to
ensure that school-based health services and supports,
especially mental health services, are accessible to
and supportive of LGBTQI+ students;
[[Page 37193]]
(c) seek funding opportunities for grantees and
programs that will improve educational and health
outcomes, especially mental health outcomes, for
LGBTQI+ students and other underserved students; and
(d) seek to strengthen supportive services for
LGBTQI+ students and families experiencing
homelessness, including those provided by the National
Center for Homeless Education.
Sec. 9. Preventing and Ending LGBTQI+ Homelessness and
Housing Instability. (a) The Secretary of Housing and
Urban Development (HUD) shall establish a Working Group
on LGBTQI+ Homelessness and Housing Equity, which shall
lead an initiative that aims to prevent and address
homelessness and housing instability among LGBTQI+
individuals, including youth, and households. As part
of that initiative, the Secretary of HUD shall, as
appropriate and consistent with applicable law:
(i) identify and address barriers to housing faced by LGBTQI+ individuals,
including youth, and families that place them at high risk of housing
instability and homelessness;
(ii) provide guidance and technical assistance to HUD contractors,
grantees, and programs on effectively and respectfully serving LGBTQI+
individuals, including youth, and families;
(iii) develop and provide guidance, sample policies, technical assistance,
and training to Continuums of Care, established pursuant to HUD's Continuum
of Care Program; homeless service providers; and housing providers to
improve services and outcomes for LGBTQI+ individuals, including youth, and
families who are experiencing or are at risk of homelessness, and to ensure
compliance with the Fair Housing Act, 42 U.S.C. 3601 et seq., and HUD's
2012 and 2016 Equal Access Rules; and
(iv) seek funding opportunities, including through the Youth Homelessness
Demonstration Program, for culturally appropriate services that address
barriers to housing for LGBTQI+ individuals, including youth, and families,
and the high rates of LGBTQI+ youth homelessness.
(b) The Secretary of HHS, through the Assistant
Secretary for Family Support, shall, as appropriate and
consistent with applicable law:
(i) use agency guidance, training, and technical assistance to implement
non-discrimination protections on the basis of sexual orientation and
gender identity in programs established pursuant to the Runaway and
Homeless Youth Act (Public Law 110-378), and ensure that such programs
address LGBTQI+ youth homelessness; and
(ii) coordinate with youth advisory boards funded through the Runaway and
Homeless Youth Training and Technical Assistance Center and the National
Runaway Safeline to seek input from LGBTQI+ youth who have experienced
homelessness on improving federally funded services and programs.
Sec. 10. Strengthening Supports for LGBTQI+ Older
Adults. The Secretary of HHS shall address
discrimination, social isolation, and health
disparities faced by LGBTQI+ older adults, including
by:
(a) developing and publishing guidance on non-
discrimination protections on the basis of sex,
including sexual orientation, gender identity, and sex
characteristics, and other rights of LGBTQI+ older
adults in long-term care settings;
(b) developing and publishing a document parallel
to the guidance required by subsection (a) of this
section in plain language, titled ``Bill of Rights for
LGBTQI+ Older Adults,'' to support LGBTQI+ older adults
and providers in understanding the rights of LGBTQI+
older adults in long-term care settings;
(c) considering whether to issue a notice of
proposed rulemaking to clarify that LGBTQI+ individuals
are included in the definition of ``greatest social
need'' for purposes of targeting outreach, service
provision, and funding under the Older Americans Act,
42 U.S.C. 3001 et seq.; and
[[Page 37194]]
(d) considering ways to improve and increase
appropriate data collection on sexual orientation and
gender identity in surveys on older adults, including
by providing technical assistance to States on the
collection of such data.
Sec. 11. Promoting Inclusive and Responsible Federal
Data Collection Practices. (a) Advancing equity and
full inclusion for LGBTQI+ individuals requires that
the Federal Government use evidence and data to measure
and address the disparities that LGBTQI+ individuals,
families, and households face, while safeguarding
privacy, security, and civil rights.
(b) To advance the responsible and effective
collection and use of data on sexual orientation,
gender identity, and sex characteristics (SOGI data),
the Co-Chairs of the Interagency Working Group on
Equitable Data established in Executive Order 13985 of
January 20, 2021 (Advancing Racial Equity and Support
for Underserved Communities Through the Federal
Government), shall, within 30 days of the date of this
order, establish a subcommittee on SOGI data to
coordinate with agencies on strengthening the Federal
Government's collection of SOGI data to advance equity
for LGBTQI+ individuals. Within 120 days of the date of
this order, the subcommittee shall, in coordination
with the Director of OMB, develop and release a Federal
Evidence Agenda on LGBTQI+ Equity, which shall:
(i) describe disparities faced by LGBTQI+ individuals that could be better
understood through Federal statistics and data collection;
(ii) identify, in coordination with agency Statistical Officials, Chief
Science Officers, Chief Data Officers, and Evaluation Officers, Federal
data collections where improved SOGI data collection may be important for
advancing the Federal Government's ability to measure disparities facing
LGBTQI+ individuals; and
(iii) identify practices for all agencies engaging in SOGI data collection
to follow in order to safeguard privacy, security, and civil rights,
including with regard to appropriate and robust practices of consent for
the collection of this data and restrictions on its use or transfer.
(c) Within 200 days of the date of this order, the
head of each agency that conducts relevant programs or
statistical surveys related to the Federal Evidence
Agenda on LGBTQI+ Equity shall submit to the Co-Chairs
of the Interagency Working Group on Equitable Data a
SOGI Data Action Plan, which shall detail how the
agency plans to use SOGI data to advance equity for
LGBTQI+ individuals and shall identify how the agency
plans to implement the recommendations in the Federal
Evidence Agenda on LGBTQI+ Equity.
(d) To support implementation of agency SOGI Data
Action Plans, the head of each agency shall include in
the agency's annual budget submission to the Director
of OMB a request for any necessary funding increases to
support improved SOGI data practices.
(e) Within 180 days of the date of this order, to
support agencies in appropriately collecting and using
SOGI data, the Director of OMB, through the Chief
Statistician of the United States, shall publish a
report with recommendations for agencies on the best
practices for the collection of SOGI data on Federal
statistical surveys, including strategies to preserve
data privacy and safety.
(f) On an annual basis, the Director of OMB,
through the Chief Statistician of the United States,
shall evaluate the efficacy of SOGI data practices
across agencies, and shall consider whether to update
reports, guidance, or directives based upon the latest
evidence and research as needed.
Sec. 12. Reporting. Within 1 year of the date of this
order:
(a) The Attorney General shall submit a report to
the President through the Assistant to the President
for Domestic Policy (APDP) detailing progress in
implementing section 5 of this order;
[[Page 37195]]
(b) The Secretary of HHS shall submit a report to
the President through the APDP detailing progress in
implementing sections 2 through 7 and 9 through 11 of
this order;
(c) The Secretary of Education shall submit a
report to the President through the APDP detailing
progress in implementing sections 2, 8, and 11 of this
order;
(d) The Secretary of HUD shall submit a report to
the President through the APDP detailing progress in
implementing sections 9 and 11 of this order;
(e) The Secretary of State shall submit a report to
the President through the APDP detailing progress in
implementing section 3 of this order;
(f) The Director of OMB shall submit a report to
the President through the APDP detailing progress in
implementing sections 6 and 11 of this order; and
(g) The Director of OMB, through the Chief
Statistician of the United States, shall submit a
report to the President through the APDP detailing
progress in implementing section 11 of this order.
Sec. 13. 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) 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.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
June 15, 2022.
[FR Doc. 2022-13391
Filed 6-17-22; 11:15 am]
Billing code 3395-F2-P
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