The powers conferred on me as President by the Constitution and laws of the United States of America are hereby ordered as follows:
Section 1. Rules. Our nation has made great strides in fulfilling its fundamental promises of freedom and equality for lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI +) Americans, thanks to the leadership of generations of LGBTQI + individuals. Despite this historical progress, LGBTQI + individuals and families continue to face systematic discrimination and obstacles to full participation in the economic and civic life of our nation. These differences and barriers may be greatest for transgender people and LGBTQI + people with skin color. Today, relentless political and legislative attacks at the state level – on LGBTQI + children and families – threaten the achievements of civil rights in the last half century and endanger LGBTQI + people. These attacks defy our American values of freedom and dignity, erode our democracy, and threaten basic personal security. They repeat the criminalization that LGBTQI + people continue to face in about 70 countries around the world. The federal government must defend the rights and security of LGBTQI + individuals.
Therefore, it is my administration’s policy to combat unlawful discrimination and eliminate disparities that harm LGBTQI + individuals and their families, defend their rights and security, and pursue a comprehensive approach to fulfilling the full promise of equality for LGBTQI + individuals, in accordance with Executive Order 13988 of 20 January 2021 . (Preventing and combating discrimination based on gender identity or sexual orientation).
The federal government must take steps to address the significant differences that LGBTQI + youth face in the foster care system, the abuse of state and local childcare agencies to target LGBTQI + youth and families, and the mental health needs of LGBTQI + youth. My administration must protect LGBTQI + youth from dangerous practices such as so-called “conversion therapy” – efforts to suppress or change one’s sexual orientation, gender identity or sexual expression – discredited practices that research shows can cause significant harm, including higher thought rates and suicide-related behaviors of LGBTQI + youth. The federal government must strengthen its support for LGBTQI + students in our country’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; protection of LGBTQI + rights of the elderly; and preventing and addressing LGBTQI + homelessness and housing instability. Through these actions, the Federal Government will help ensure that every person – no matter who or whom he or she loves – 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 for Health and Human Services (HHS) shall, as appropriate and in accordance with applicable law, use the authority of the HHS Department to protect LGBTQI + persons’ access to medically necessary care from harmful state and local laws and practices and promote promising policies. and practices to support health equity, including in the area of mental health, for LGBTQI + youth and adults. Within 200 days of the date of this order, the HHS Secretary will develop and publish policy samples for states to protect 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 in accordance with applicable law, use the authority of the Ministry of Education to support LGBTQI + students, their families, teachers and other school staff subject to harmful state and local laws and practices, and promote promising policies. and practices to support the safety, well-being and rights of LGBTQI + students. Within 200 days of the issuance of this order, the Secretary of Education will develop and publish policy samples to support the well-being and academic achievement of LGBTQI + students in schools and educational institutions.
Sec. 3. Addressing exposure to so-called conversion therapy.
(a) The HHS Secretary shall establish an initiative to reduce the risk of exposure of young people to so-called conversion therapy. As part of this initiative, the HHS Secretary will, as appropriate and in accordance with applicable law:
(i) consider issuing guidelines clarifying for HHS and service agency programs that so-called conversion therapy does not meet the criteria for use in state-funded health and human services programs;
(ii) increase public awareness of the harms and risks associated with so-called conversion therapy for LGBTQI + young people and their families;
(iii) increase the availability of technical assistance and training to health and social service providers on promising evidence-based practices to support health, including mental health, LGBTQI + youth and the dangers of so-called conversion therapy; and
(iv) seek funding opportunities for trauma-based service providers in order 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 misleading act or practice, and to issue such warnings or notices to consumers as may be appropriate.
(c) To address so-called conversion therapy worldwide, within 180 days of the date of this order, the Secretary of State, in collaboration with the Minister of Finance, the HHS Secretary and the United States Administrator, will develop an action plan to promote cessation. its uses worldwide. In drafting the action plan, the Secretary of State will consider the use of United States assistance programs abroad and US voting 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. to ensure that United States foreign aid programs do not use foreign aid funds for so-called conversion therapy. To further gather critical data, the Secretary of State will instruct all U.S. embassies and missions around the world to provide additional information on the practice and frequency of so-called conversion therapy as part of the State Human Rights Practice Reports.
Sec. 4. Promoting family counseling and support for LGBTQI + youth as a United States public health priority. (a) “Family Counseling and Support Programs” are defined for the purposes of this Order as voluntary programs in which families and service providers may choose to participate seeking to prevent or reduce behaviors related to family rejection of LGBTQI + youth by providing developmentally appropriate support, counseling or information to parents. families, carers, child welfare staff and school staff or health professionals on how to support the safety and well-being of LGBTQI + youth.
(b) The HHS Secretary shall endeavor to expand the availability of family counseling and support programs in federally funded health, human services, and child care programs:
(i) consideration of whether to issue guidelines regarding the extent to which federal funding under Titles IV-B and IV-E of the Social Security Act, 42 U.S.C. CH. 7, can be used to provide family counseling and support programs;
(ii) considering funding 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 on the effects of family rejection and family support on the mental health and long-term well-being of LGBTQI + people; and
(iv) ensuring that HHS data, investments, resources and partnerships linked to the CDC program Unwanted Childhood Experiences address the inequalities faced by LGBTQI + children and young people.
Sec. 5. Addressing discrimination and barriers faced by LGBTQI + children, young people, parents, carers and families in the childcare system and juvenile justice systems. (a) The HHS Secretary shall consider exercising the powers of the Department for Strengthening Protection against Gender Discrimination, including Sexual Orientation, Gender Identity and Gender, in its programs and services, in accordance with Executive Order 13988 and applicable legal requirements.
(b) The HHS Secretary will instruct the Assistant Secretary for Family Support to establish a partnership initiative with national child protection agencies to help address and address differences in the childcare system facing LGBTQI + children, parents and carers, including: overrepresentation of LGBTQI + youth in the childcare system, including overrepresentation in group accommodation; disproportionately high rates of abuse and placement in unsupportive or hostile environments faced by LGBTQI + young people in foster care; disproportionately high rates of homelessness faced by LGBTQI + young people leaving foster care; and discrimination faced by LGBTQI + parents, relatives, and foster and adoptive families. The initiative, as appropriate and in accordance with applicable law, will also take action to:
(i) seek funding opportunities for programs and services that improve outcomes for LGBTQI + children in the childcare system;
(ii) provide enhanced training and technical assistance to national childcare agencies and childcare staff on promising practices to support LGBTQI + youth in foster care and LGBTQI + parents and carers;
(iii) develop model rules to support LGBTQI + children, parents and carers in the childcare system;
(iv) promote the equality and inclusion of LGBTQI + foster parents and adoptive parents in their interactions with the childcare system;
(v) assess the rate of removal of children from LGBTQI + families of origin, in particular families involving LGBTQI + women of skin color, and make proposals to address any disproportionate abduction rates of children encountered by such families;
(vi) assess and improve the responsible collection and use of data on sexual orientation and gender identity in the social welfare system for children in order to measure and address inequalities faced by LGBTQI + children, parents and carers, while preserving the privacy, security and civil rights of LGBTQI + young people; and
(vii) promote policies that help prevent LGBTQI + youth from being placed in foster care and group care that will be hostile to their gender identity or sexual orientation.
(c) The Attorney General will establish a center within the Office of Juvenile Justice and Delinquency Prevention to provide effective training, technical assistance and other resources for jurisdictions that want to better serve LGBTQI + youth through a continuing care framework. The headquarters will include juvenile justice and delinquency prevention programs that address needs, including mental health needs, LGBTQI + youth.
Sec. 6. Review of eligibility standards for federal benefits and programs. (a) Within 180 days of the date of this order, the HHS Secretary shall conduct a study on the impact that current federal legal and regulatory eligibility standards have on the ability of LGBTQI + and other households, as determined by the Secretary, to access federal benefits and programs. families, and will produce a public report with findings and recommendations that could increase the participation and eligibility of LGBTQI + and such other households in federal benefits and programs for families.
(b) Within 100 days of the publication of the recommendations required in subsection (a) of this section, the Director of the Office of Management and Budget (OMB) shall coordinate with the executive departments and agencies (agencies) managing the eligibility standards. families to complete a review of current eligibility standards for family agencies. Such agencies shall seek opportunities, in accordance with applicable law, to adopt more inclusive eligibility standards in accordance with the recommendations of the report prepared in accordance with subsection (a) of this section.
Sec. 7. Protection of access to health care and other health support for LGBTQI + persons. The HHS Secretary will establish an initiative to address the health disparities faced by LGBTQI + youth and adults, take steps to prevent LGBTQI + suicides and address barriers and exclusionary policies faced by LGBTQI + individuals and families in accessing quality, affordable, comprehensive health care including mental health care, reproductive health protection, and HIV prevention and treatment. As part of this initiative, the HHS Secretary will, as appropriate and in accordance with applicable law:
(a) seek health funding opportunities, including mental health, for LGBTQI + individuals, especially young people, including resources for national suicide prevention services and crisis services to support LGBTQI + individuals;
(b) promote an expanded approach to comprehensive health care for LGBTQI + individuals, including working with States to expand access to gender-sensitive care;
(c) issue guidelines through the Substance Abuse and Mental Health Services and the Office of the Assistant Secretary of Health, within 100 days of the date of this Order, on the provision of evidence-based mental health care and treatment and drug support for LGBTQI + youth ; and
(d) prepare and issue a report, within one year from the date of this Order, and after consultation with medical professionals, medical associations and individuals with living professional experience, on promising practices to promote health equality for intersex persons.
Sec. 8. Support to LGBTQI + students in schools and educational institutions of our country. The Secretary of Education is establishing a Working Group for LGBTQI + students and families, which will lead an initiative to address discrimination against LGBTQI + students and strengthen support for LGBTQI + students and families. Through this working group, the Secretary of Education shall, as appropriate and in accordance with applicable law:
(a) Review, revise, develop and promote guidelines, technical assistance, training, promising practices and policy patterns for States, school districts and other educational institutions to promote safe and inclusive learning environments in which all LGBTQI + students thrive and address bullying LGBTQI + students;
(b) identify promising practices to ensure that school health services and support, in particular mental health services, are accessible and support LGBTQI + students;
(c) seek funding opportunities for grant recipients and programs that will improve educational and health outcomes, in particular mental health outcomes, for LGBTQI + students and other students with a lack of services; and
(d) seek to strengthen support 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 for Housing and Urban Development (HUD) will establish a Working Group on LGBTQI + Homelessness and Housing Equality to lead an initiative aimed at preventing and addressing homelessness and housing instability among LGBTQI + individuals, including young people and households. As part of this initiative, the HUD Secretary will, as appropriate and in accordance with applicable law:
(i) identify and address barriers to housing faced by LGBTQI + individuals, including young people and families, who are at high risk of housing instability and homelessness;
(ii) provide guidance and technical assistance to HUD performers, grant recipients and programs to effectively serve LGBTQI + individuals with respect, including youth and families;
(iii) develop and provide guidelines, model rules, technical assistance and training for Continuums of Care, established under the HUD Continuum of Care Program; homeless service providers; and housing providers to improve services and outcomes for LGBTQI + individuals, including youth and families who have 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 housing services that address housing barriers for LGBTQI + individuals, including youth and families, and high LGBTQI + youth homelessness rates.
(b) The Secretary of the HHS, through the Assistant Secretary for Family Support, shall, as appropriate and in accordance with applicable law:
(i) use agency guidance, training and technical assistance to implement protection against discrimination based on sexual orientation and gender identity in programs established under the Refugees and the Homeless Act (Public Law 110-378) and ensure that such programs address LGBTQI + homelessness young people; and
(ii) coordinate with youth advisory committees funded through the Center for Training and Technical Assistance for Youth and the Homeless and the National Runaway Safeline to seek suggestions from LGBTQI + youth experienced homelessness on improving state-funded services and programs.
Sec. 10. Strengthen support for LGBTQI + older adults. The HHS Secretary will address discrimination, social exclusion and health inequalities faced by LGBTQI + older adults, including:
(a) developing and publishing guidelines on protection against discrimination based on sex, including sexual orientation, gender identity and gender characteristics, and other LGBTQI + rights of older adults in long-term care;
(b) developing and publishing a document parallel to the guidelines required in subsection (a) of this section in plain language, entitled “Bill of Rights for LGBTQI + Older Adults”, to support LGBTQI + older adults and service providers in understanding their rights LGBTQI + elderly adults in long-term care facilities;
(c) consider issuing a notice of proposed rulemaking to clarify that LGBTQI + persons are included in the definition of “greatest societal needs” for the purpose of targeting reach, providing services, and funding under the Older Americans Act, 42 U.S.C. 3001 et seq .; and
(d) Considering ways to improve and increase the appropriate collection of data on sexual orientation and gender identity in surveys on older adults, including providing technical assistance to States in collecting such data.
Sec. 11. Promoting inclusive and responsible federal data collection practices. (a) Promoting equality and full inclusion of LGBTQI + individuals requires the federal government to use evidence and data to measure and address inequalities faced by LGBTQI + individuals, families and households, while preserving privacy, security and civil rights.
(b) To promote the responsible and efficient collection and use of data on sexual orientation, gender identity and gender characteristics (SOGI data), co-chairs of the Inter-Agency Working Group on Fair Data established by Executive Order 13985 of 20 January 2021 (20) support to communities with a lack of services through the federal government), within 30 days of the date of this order, will establish a subcommittee on SOGI data to coordinate with agencies to strengthen SOGI data collection by the federal government to promote equality for LGBTQI + persons. Within 120 days from the date of this order, the subcommittee, in coordination with the Director of OMB, will develop and publish a Federal Plan for Evidence of LGBTQI + Equality, which will:
(i) describe the differences faced by LGBTQI + individuals who could be better understood through federal statistics and data collection;
(ii) identify, in coordination with statistical officers, chief scientific officers, chief data officers and evaluation officers, federal databases in which improved SOGI data collection may be important to enhance the federal government’s ability to measure the differences faced by LGBTQI + individuals; and
(iii) identify practices for all SOGI data collection agencies to be followed to protect privacy, security and civil rights, including with regard to appropriate and robust consent practices for the collection of this 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 Evidence Plan on LGBTQI + Equality shall provide the Co-Chairs of the Interagency Working Group on Fair Data with the SOGI Data Action Plan. how the agency plans to use SOGI data to promote equality for LGBTQI + individuals and will determine how the agency plans to implement the recommendations of the Federal Evidence Plan on LGBTQI + equality.
(d) To support the implementation of the Agency’s SOGI Data Action Plans, the Head of each Agency shall include in the submission of the Agency’s annual budget to the OMB Director a request for any necessary funding increases to support SOGI Data Improved Practices.
(e) Within 180 days of the date of this order, to support agencies in the proper collection and use of SOGI data, the Director of OMB, through the Chief Statistician of the United States, will publish a report with recommendations to agencies on best practices for collecting SOGI data. on federal statistical surveys, including strategies to preserve privacy and data security.
(f) On an annual basis, the Director of OMB, through the United States Statistician, evaluates the effectiveness of SOGI data practices across all agencies and considers whether to update reports, guidelines or directives based on the latest evidence and investigate as necessary.
Sec. 12. Reporting. Within 1 year from the date of this order:
(a) The Attorney General shall report to the President through the Assistant President for Internal Policy (APDP) detailing progress in the implementation of Article 5 of this Order;
(b) The HHS Secretary shall report to the President through the APDP detailing progress in the implementation of Sections 2 to 7 and 9 to 11 of this Order;
(c) The Secretary of Education shall 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 report to the President through the APDP detailing the progress made in the implementation of 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 the implementation of Section 3 of this Order;
(f) The Director of OMB shall report to the President through the APDP with details of progress 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 report to the President through the APDP with details of progress in the implementation of Section 11 of this Order.
Sec. 13. General provisions. (a) Nothing in this Order shall be construed to violate or otherwise affect:
(i) the powers conferred by law on the executive department or agency or their head; or
(ii) the functions of the Director of the Office of Management and Budget in relation to budgetary, administrative or legislative proposals.
(b) This Order shall be implemented in accordance with applicable law and subject to the availability of approved funds.
(c) This Order is not intended or creates any right or benefit, material or procedural, enforceable in law or fairness by any party against the United States, its departments, agencies or entities, its officers, employees, agents or any other person.
JOSEPH R. BIDEN JR.