With the authority vested in me as President by the Constitution and laws of the United States of America, it is hereby prescribed as follows:
Part 1. Policy. Our Nation has made great strides in fulfilling its fundamental promises of freedom and equality for lesbian, gay, bisexual, transgender, chiral and intersex (LGBTQI +) Americans, thanks to the leadership of generations of LGBTQI + individuals. Despite this historic progress, LGBTQI + individuals and families still face systematic discrimination and barriers to full participation in the economic and civil life of our Nation. These inequalities and barriers can be the biggest ones for transgender and LGBTQI + handsome people. Today, relentless political and legislative attacks at State level – especially on LGBTQI + children and families – threaten the civil rights gains of the last half – century and endanger LGBTQI + people. These attacks undermine our values of freedom and dignity in America, undermine our democracy, and threaten basic personal safety. They reflect the persistent crime of LGBTQI + people in 70 countries around the world. The Federal Government must protect the rights and safety of LGBTQI + individuals.
It is, therefore, the policy of my Administration to combat unlawful discrimination and eliminate inequalities that harm LGBTQI + individuals and their families, protect their rights and safety, and to pursue a comprehensive approach to the full commitment to equality. delivered to LGBTQI + individuals, in accordance with Executive Order 13988. January 20, 2021 (Prevention and Combat Discrimination on the Basis of Gender Identity or Sexual Orientation).
The Federal Government must take action to address the significant differences facing LGBTQI + young people in the foster care system, the abuse of state and local child welfare agencies to target LGBTQI + young people and families, and the needs LGBTQI + youth mental health. My Administration needs to protect LGBTQI + youth from dangerous practices such as “conversion therapy” – attempts to prevent or alter a person’s sexual orientation, gender identity or gender expression – a discredited practice that research shows can cause significant harm, including higher rates of suicidal thoughts and behaviors from LGBTQI + young people. The Federal Government needs to strengthen supports for LGBTQI + students in our Nation schools and other education and training programs. It must also address the discrimination and barriers faced by LGBTQI + individuals and families by widening access to comprehensive healthcare, including reproductive health; protect the rights of LGBTQI + adults; and preventing and addressing homelessness and LGBTQI + housing instability. Through these actions, the Federal Government will help to ensure that everyone – no matter who they are or who they love – has the opportunity to live freely and with dignity.
. 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 in accordance with applicable law, use the authorities of the HHS Department to protect LGBTQI + individuals’ access to medically necessary care from harmful State laws and practices and local, and he or she will. promote the adoption of promising policies and practices to support health equity, including in the area of mental health care, youth and LGBTQI + adults. Within 200 days of the date of this order, the Secretary of HHS shall develop and release model policies for States to protect and extend access to health care for LGBTQI + individuals and their families, including mental health services.
(b) The Secretary of Education shall, as appropriate and in accordance with applicable law, use the authorities of the Department of Education to support LGBTQI + students, their families, educators, and other school personnel targeted by harmful State laws and practices and local, and will promote. adopt 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 to support the well – being and academic success of LGBTQI + students in schools and educational institutions.
Soic. 3. Facing Exposure to So-called Convertible Therapy.
(a) The Secretary of HHS shall establish an initiative to reduce the risk of exposure of young people to so – called conversion therapy. As part of this initiative, the Secretary of HHS shall, as appropriate and in accordance with applicable law:
(i) consider whether guidance should be clarified for HHS programs and service agencies that do not meet so – called conversion therapy, the criteria for use in federally funded health and human services programs;
(ii) raising public awareness of the harms and risks of so – called conversion therapy for LGBTQI + youth and their families;
(iii) increase the availability of technical assistance and training for healthcare and social services providers on evidence-based practices to support health, including mental health, LGBTQI + youth, and on the dangers of conversion therapy such as called; and
(iv) seek funding opportunities for evidence – based trauma – based service providers 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 warnings or notices to consumers as appropriate.
(c) To address so-called worldwide convertible therapy, within 180 days of the date of this order, the Secretary of State, in conjunction with the Secretary of the Treasury, the Secretary of HHS, and the Administrator of the United States. The International Development Agency will develop an action plan to end its worldwide use. In developing the action plan, the Secretary of State shall consider the use of the US foreign aid program and the voice of the United States and shall vote in multilateral development banks and international development institutions of which the United States is a shareholder or donor to take appropriate measures. to prevent the use of so – called conversion therapy, as well as to ensure that U.S. foreign aid programs do not use foreign aid funds for so – called conversion therapy. To gather more critical data, the Secretary of State will instruct all U.S. Embassies and Missions worldwide to submit additional information on the practice and incidence of so-called conversion therapy as part of the Country of Practice Reports for Human Rights.
Soic. 4. Promote Family Counseling and LGBTQI + Youth Support as a US Public Health Priority. (a) For the purposes of this order, “family counseling and support programs” are defined as voluntary programs in which families and service providers may choose to participate and which seek to prevent or reduce LGBTQI + youth rejection behaviors by provide development – appropriate support. , counseling, or information for parents, families, carers, child welfare and school personnel, or healthcare professionals on how to support the safety and well – being of LGBTQI + youth.
(b) The Secretary of HHS will seek the availability of family counseling and support programs in federally funded health, human services and child welfare programs by:
(i) considering whether guidance should be issued on the amount of Federal funding under Titles IV-B and IV-E of the Social Welfare Act, 42 U.S.C. Ch. 7, can be used for family counseling and support programs;
(ii) consider funding opportunities for programs implementing family counseling and support models;
(iii) consider opportunities through the Centers for Disease Control and Prevention (CDC) and the National Institutes of Health to increase Federal research on the effects of family rejection and family support on the mental health and long – term well – being of LGBTQI + individuals; and
(iv) ensure that HHS data, investments, resources, and partnerships related to the CDC ‘s Child Adverse Experiences program address the differences facing LGBTQI + children and young people.
Soic. 5. Tackling Discrimination and Barriers to LGBTQI + Children, Youth, Parents, Carers and Families in the Child Welfare System and the Youth Justice System. (a) The Secretary of HHS shall consider how to use the Department’s authorities to strengthen non – discrimination protections on the grounds of sex, including sexual orientation, gender identity, and sexual characteristics, in its programs and services, in accordance with Executive Order 13988 and applicable legal requirements.
(b) The HHS Secretary shall direct the Assistant Secretary for Family Support to establish an initiative to partner with State child welfare agencies to help address and eliminate differences in the child welfare system experienced by LGBTQI + children, parents and carers, including: the over-representation of LGBTQI + youth in the child welfare system, including over-representation in joint placements; disproportionately high rates of abuse, and placements in unsupportive or hostile environments faced by LGBTQI + young people in foster care; disproportionate rates of homelessness faced by LGBTQI + young people leaving foster care; and the discrimination faced by LGBTQI + parents, relatives, and foster and adoptive families. The initiative shall, as appropriate and in accordance with applicable law, 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 + young people in foster care and LGBTQI + parents and carers;
(iii) developing model policies to support LGBTQI + children, parents and carers 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) assess the transfer rate of children from LGBTQI + origin families, in particular families comprising handsome LGBTQI + women, and develop proposals to address any disproportionate transfer rates of children facing those families;
(vi) assessing and improving the responsible collection and use of data on sexual orientation and gender identity in the child welfare system to measure and address inequalities faced by LGBTQI + children, parents and carers, and the privacy, safety and civil rights of protecting those people at the same time. LGBTQI + youth; and
(vii) precautionary measures to help prevent the placement of LGBTQI + youth in foster care and concentration settings that are hostile to their gender identity or sexual orientation.
(c) The Attorney General shall establish a clearing house within the Office for Juvenile Justice and Prevention of Offenses to provide effective training, technical assistance and other resources to jurisdictions seeking to better serve LGBTQI + youth through the use of from a continuum of care framework. The clearing house will include youth justice and crime prevention programs that address the needs, including mental health needs, of LGBTQI + youth.
Soic. 6. Review Eligibility Standards for Federal Benefits and Programs. (a) Within 180 days of the date of this order, the Secretary of HHS shall study the impact of current Federal statutory and regulatory eligibility standards on the ability of LGBTQI + and other families as determined by the Secretary to access Federal benefits. and family programs, and will provide a public report containing findings and recommendations that may increase LGBTQI + and other such family participation and eligibility for Federal family benefits and programs.
(b) Within 100 days of the issue 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 sit eligibility. family involvement standards to complete a review of current agency eligibility standards for families. Such agencies shall seek opportunities, in accordance with applicable law, to adopt more comprehensive eligibility standards in accordance with the recommendations in the report produced pursuant to subsection (a) of this section.
Soic. 7. Protecting Access to Healthcare and Other Health Supports for LGBTQI + People. The HHS Secretary will set up an initiative to address the health differences facing LGBTQI + young people and adults, take measures to prevent LGBTQI + suicide, and to address the barriers and exclusionary policies facing LGBTQI + individuals and families. on accessing high quality, affordable, comprehensive health care, including mental health care, reproductive health care, and HIV prevention and treatment. As part of this initiative, the Secretary of HHS shall, as appropriate and in accordance with applicable law:
(a) seek funding opportunities related to health, including mental health, for LGBTQI + individuals, in particular youth, including resources for the Nation’s suicide prevention and crisis support services to support people individual LGBTQI +;
(b) promoting expanded access to comprehensive healthcare for LGBTQI + individuals, including by working with States to increase access to gender-assured care;
(c) issue guidance through the Substance Abuse Administration and Mental Health Services and the Office of the Assistant Secretary for Health, within 100 days of the date of this order, on evidence-based mental health care and treatment and substance use support services provide for LGBTQI + youth; and
(d) develop and issue a report, within one year of the date of this order, and after consultation with medical experts, medical associations, and individuals with living expertise, on potential practices for health equity promotion for intersex individuals.
Soic. 8. Supporting LGBTQI + Students in our Nation’s Schools and Educational Institutions. The Education Secretary will establish a Working Group on LGBTQI + Students and Families, which will lead an initiative to address discrimination against LGBTQI + students and strengthen supports for LGBTQI + students and families. Through this Working Group, the Secretary of Education shall, as appropriate and in accordance with applicable law:
(a) review, review, develop and promote guidance, technical assistance, training, commitment practices, and model policies for States, school districts, and other educational institutions to promote safe and inclusive learning environments in their all LGBTQI + students succeed and face bullying LGBTQI + students;
(b) identify promising practices to help ensure that school-based health services and supports, in particular mental health services, are accessible to and supportive of LGBTQI + students;
(c) seek funding opportunities for grantees and programs that improve educational and health outcomes, in particular mental health outcomes, for LGBTQI + students and other under-served students; and
(d) seek to strengthen support services for LGBTQI + students and homeless families, including those provided by the National Center for Homeless Education.
Soic. 9. Preventing and Eliminating Homelessness and Housing Instability LGBTQI +. (a) The Secretary for Housing and Urban Development (HUD) will establish a Working Group on LGBTQI + Homelessness and Housing Equity, which will lead an initiative to address homelessness and housing instability among LGBTQI + individuals, including youth, and family prevention and address them. As part of this initiative, the Secretary of HUD shall, as appropriate and in accordance with applicable law:
(i) identify and address barriers to housing for LGBTQI + people, including youth, and families at high risk of housing instability and homelessness;
(ii) provide guidance and technical assistance to HUD contractors, grantees, and programs on serving effectively and respectfully LGBTQI + individuals, including youth, and families;
(iii) develop and provide guidance, model policies, technical assistance, and training for Continuum of Care, established pursuant to the HUD Continuum of Care Program; homeless service providers; and housing providers to improve services and outcomes for LGBTQI + individuals, including youth, and families experiencing or at risk of homelessness, and to comply with the Fair Housing Act, 42 U.S.C. 3601 et seq., And HUD Equal Access Rules 2012 and 2016; 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 + homelessness.
(b) The Secretary of HHS, through the Assistant Secretary for Family Support, shall, as appropriate and in accordance with applicable law:
(i) the use of 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 Youth Escape and Homelessness Act (Public Law 110 -378), and ensure that. programs address youth homelessness LGBTQI +; and
(ii) coordinate with youth advisory boards funded through the Youth Training and Technical Assistance Center for Escape and Homelessness and the National Runway Safety Line to seek input from LGBTQI + young people experiencing homelessness on enhance federally funded services and programs.
Soic. 10. Strengthen Supports for LGBTQI + Adults. The HHS Secretary will address the discrimination, social isolation, and health differences facing LGBTQI + adults, including:
(a) develop and publish guidance on non-discrimination protections on grounds of sex, including sexual orientation, gender identity, and sexual characteristics, and other rights of LGBTQI + adults in long-term care settings;
(b) develop and publish a document in parallel with the guidance required by subsection (a) of this section in plain language, entitled “Bill of Rights for LGBTQI + Adults,” to support LGBTQI + adults and rights providers understand LGBTQI + older people. adults in long-term care settings;
(c) consider whether notice should be issued for the formulation of rules to clarify that LGBTQI + individuals are included in the definition of “greatest social need” for the purposes of outreach, service provision and targeting funding under the Elderly Americans, 42 U.S.C. 3001 et seq .; and
(d) consider ways to improve and increase the collection of relevant data on sexual orientation and gender identity in surveys of older adults, including by providing technical assistance to States in the collection of such data.
Soic. 11. Promote Inclusive and Responsible Federal Data Collection Practices. (a) To promote equity and full inclusion for LGBTQI + individuals, the Federal Government must use evidence and data to measure and address the inequalities faced by LGBTQI + individuals, families and households, while protecting privacy, security and civil rights.
(b) To promote the responsible and effective collection and use of data on sexual orientation, gender identity, and sexual characteristics (SOGI data), the Co – Chairs of the Interagency Working Group on Fair Data established in Executive Order 13985 of 20 January, 2021 (Promoting Racial Equality and Support for Under-Expanded 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 the Federal Government’s SOGI data collection to promote equity. for LGBTQI + people. Within 120 days of the date of this order, the subcommittee, in conjunction with the Director of OMB, will develop and release a Federal LGBTQI + Equity Evidence Agenda, which will:
(i) Describe variances facing LGBTQI + individuals that could be better understood through Federal statistics and data collection;
(ii) identify Federal data collections, in collaboration with agency Statistical Officers, Chief Scientific Officers, Chief Data Officers, and Assessing Officers, where enhanced SOGI data collection may be important to the Federal Government’s ability to accommodate LGBTQI + variants to measure; and
(iii) identify practices for all agencies involved in SOGI data collection to be followed in order to protect privacy, security and civil rights, including appropriate and robust consenting practices for the collection of such data and restrictions on their use or transfer. .
(c) Within 200 days of the date of this order, the head of each agency conducting relevant programs or statistical surveys related to the Federal LGBTQI + Equity Evidence Agenda shall submit to the Co – Chairs of the Interagency Data Fair Working Group its Data Action Plan. SOGI, which will detail how the agency intends to use SOGI data to promote equity for LGBTQI + individuals and identify how the agency intends to implement the recommendations of the Federal Agenda for Evidence on LGBTQI + Equity.
(d) To support the implementation of the agency’s SOGI Data Action Plans, the head of each agency shall apply for any funding increases necessary to support the inclusion of SOGI data enhancement practices in the submission of the agency’s annual budget to the OMB Director.
(e) Within 180 days of the date of this order, in order to support agencies in the appropriate collection and use of SOGI data, the Director of OMB shall publish, through the Chief Statistician of the United States, a report containing recommendations to agencies on best. to collect 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 US Chief Statistician, will evaluate the effectiveness of SOGI data practices across agencies, and consider whether reports, guidance or instructions will be updated based on the latest light. and research as needed.
Soic. 12. Reporting. Within one 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;
(b) The Secretary of HHS shall submit to the President through the APDP a report detailing progress in the implementation of sections 2 to 7 and 9 to 11 of this Order;
(c) The Secretary of Education shall submit a report to the President through the APDP detailing progress in the implementation of sections 2, 8, and 11 of this order;
(d) The Secretary of the HUD shall submit to the President through the APDP a report detailing the progress made in the implementation of sections 9 and 11 of this Order;
(e) The Secretary of State shall submit to the President through PMDS a report detailing progress in the implementation of section 3 of this Order;
(f) The Director of OMB shall submit to the President through the APDP a report detailing the progress made in the implementation of sections 6 and 11 of this Order; and
(g) The Director of OMB, through the Chief Statistician of the United States, shall submit to the President through the APDP a report detailing the progress made in the implementation of section 11 of this Order.
Soic. 13. General Provisions. (a) Nothing in this order shall be construed as prejudicing or otherwise affecting:
(i) the authority granted by law to or from an executive department or agency; 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 in accordance with applicable law and subject to the availability of appropriations.
(c) This order does not, and does not create, any right or benefit, substantive or procedural, enforceable by law or equity by any party against the United States, its departments, agencies, or its entities, its officers, its employees. , or agents, or anyone else.
JOSEPH R. BIDEN JR.
