[Federal Register Volume 86, Number 15 (Tuesday, January 26, 2021)]
[Presidential Documents]
[Pages 7193-7196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01852]




                        Presidential Documents 



Federal Register / Vol. 86 , No. 15 / Tuesday, January 26, 2021 / 
Presidential Documents

[[Page 7193]]


                Executive Order 13995 of January 21, 2021

                
Ensuring an Equitable Pandemic Response and 
                Recovery

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, and in order to address the disproportionate 
                and severe impact of coronavirus disease 2019 (COVID-
                19) on communities of color and other underserved 
                populations, it is hereby ordered as follows:

                Section 1. Purpose. The COVID-19 pandemic has exposed 
                and exacerbated severe and pervasive health and social 
                inequities in America. For instance, people of color 
                experience systemic and structural racism in many 
                facets of our society and are more likely to become 
                sick and die from COVID-19. The lack of complete data, 
                disaggregated by race and ethnicity, on COVID-19 
                infection, hospitalization, and mortality rates, as 
                well as underlying health and social vulnerabilities, 
                has further hampered efforts to ensure an equitable 
                pandemic response. Other communities, often obscured in 
                the data, are also disproportionately affected by 
                COVID-19, including sexual and gender minority groups, 
                those living with disabilities, and those living at the 
                margins of our economy. Observed inequities in rural 
                and Tribal communities, territories, and other 
                geographically isolated communities require a place-
                based approach to data collection and the response. 
                Despite increased State and local efforts to address 
                these inequities, COVID-19's disparate impact on 
                communities of color and other underserved populations 
                remains unrelenting.

                Addressing this devastating toll is both a moral 
                imperative and pragmatic policy. It is impossible to 
                change the course of the pandemic without tackling it 
                in the hardest-hit communities. In order to identify 
                and eliminate health and social inequities resulting in 
                disproportionately higher rates of exposure, illness, 
                and death, I am directing a Government-wide effort to 
                address health equity. The Federal Government must take 
                swift action to prevent and remedy differences in 
                COVID-19 care and outcomes within communities of color 
                and other underserved populations.

                Sec. 2. COVID-19 Health Equity Task Force. There is 
                established within the Department of Health and Human 
                Services (HHS) a COVID-19 Health Equity Task Force 
                (Task Force).

                    (a) Membership. The Task Force shall consist of the 
                Secretary of HHS; an individual designated by the 
                Secretary of HHS to Chair the Task Force (COVID-19 
                Health Equity Task Force Chair); the heads of such 
                other executive departments, agencies, or offices 
                (agencies) as the Chair may invite; and up to 20 
                members from sectors outside of the Federal Government 
                appointed by the President.

(i) Federal members may designate, to perform the Task Force functions of 
the member, a senior-level official who is a part of the member's agency 
and a full-time officer or employee of the Federal Government.

(ii) Nonfederal members shall include individuals with expertise and lived 
experience relevant to groups suffering disproportionate rates of illness 
and death in the United States; individuals with expertise and lived 
experience relevant to equity in public health, health care, education, 
housing, and community-based services; and any other individuals with 
expertise the President deems relevant. Appointments shall be made without 
regard to political affiliation and shall reflect a diverse set of 
perspectives.

[[Page 7194]]

(iii) Members of the Task Force shall serve without compensation for their 
work on the Task Force, but members shall be allowed travel expenses, 
including per diem in lieu of subsistence, as authorized by law for persons 
serving intermittently in the Government service (5 U.S.C. 5701-5707).

(iv) At the direction of the Chair, the Task Force may establish subgroups 
consisting exclusively of Task Force members or their designees under this 
section, as appropriate.

                    (b) Mission and Work.

(i) Consistent with applicable law and as soon as practicable, the Task 
Force shall provide specific recommendations to the President, through the 
Coordinator of the COVID-19 Response and Counselor to the President (COVID-
19 Response Coordinator), for mitigating the health inequities caused or 
exacerbated by the COVID-19 pandemic and for preventing such inequities in 
the future. The recommendations shall include:

  (A) recommendations for how agencies and State, local, Tribal, and 
territorial officials can best allocate COVID-19 resources, in light of 
disproportionately high rates of COVID-19 infection, hospitalization, and 
mortality in certain communities and disparities in COVID-19 outcomes by 
race, ethnicity, and other factors, to the extent permitted by law;

  (B) recommendations for agencies with responsibility for disbursing 
COVID-19 relief funding regarding how to disburse funds in a manner that 
advances equity; and

  (C) recommendations for agencies regarding effective, culturally aligned 
communication, messaging, and outreach to communities of color and other 
underserved populations.

(ii) The Task Force shall submit a final report to the COVID-19 Response 
Coordinator addressing any ongoing health inequities faced by COVID-19 
survivors that may merit a public health response, describing the factors 
that contributed to disparities in COVID-19 outcomes, and recommending 
actions to combat such disparities in future pandemic responses.

                    (c) Data Collection. To address the data shortfalls 
                identified in section 1 of this order, and consistent 
                with applicable law, the Task Force shall:

(i) collaborate with the heads of relevant agencies, consistent with the 
Executive Order entitled ``Ensuring a Data-Driven Response to COVID-19 and 
Future High-Consequence Public Health Threats,'' to develop recommendations 
for expediting data collection for communities of color and other 
underserved populations and identifying data sources, proxies, or indices 
that would enable development of short-term targets for pandemic-related 
actions for such communities and populations;

(ii) develop, in collaboration with the heads of relevant agencies, a set 
of longer-term recommendations to address these data shortfalls and other 
foundational data challenges, including those relating to data 
intersectionality, that must be tackled in order to better prepare and 
respond to future pandemics; and

(iii) submit the recommendations described in this subsection to the 
President, through the COVID-19 Response Coordinator.

                    (d) External Engagement. Consistent with the 
                objectives set out in this order and with applicable 
                law, the Task Force may seek the views of health 
                professionals; policy experts; State, local, Tribal, 
                and territorial health officials; faith-based leaders; 
                businesses; health providers; community organizations; 
                those with lived experience with homelessness, 
                incarceration, discrimination, and other relevant 
                issues; and other stakeholders.
                    (e) Administration. Insofar as the Federal Advisory 
                Committee Act, as amended (5 U.S.C. App.), may apply to 
                the Task Force, any functions of the President under 
                the Act, except for those in section 6 of the Act, 
                shall be performed by the Secretary of HHS in 
                accordance with the guidelines that have been issued by 
                the Administrator of General Services. HHS shall

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                provide funding and administrative support for the Task 
                Force to the extent permitted by law and within 
                existing appropriations. The Chair shall convene 
                regular meetings of the Task Force, determine its 
                agenda, and direct its work. The Chair shall designate 
                an Executive Director of the Task Force, who shall 
                coordinate the work of the Task Force and head any 
                staff assigned to the Task Force.
                    (f) Termination. Unless extended by the President, 
                the Task Force shall terminate within 30 days of 
                accomplishing the objectives set forth in this order, 
                including the delivery of the report and 
                recommendations specified in this section, or 2 years 
                from the date of this order, whichever comes first.

                Sec. 3. Ensuring an Equitable Pandemic Response. To 
                address the inequities identified in section 1 of this 
                order, it is hereby directed that:

                    (a) The Secretary of Agriculture, the Secretary of 
                Labor, the Secretary of HHS, the Secretary of Housing 
                and Urban Development, the Secretary of Education, the 
                Administrator of the Environmental Protection Agency, 
                and the heads of all other agencies with authorities or 
                responsibilities relating to the pandemic response and 
                recovery shall, as appropriate and consistent with 
                applicable law:

(i) consult with the Task Force to strengthen equity data collection, 
reporting, and use related to COVID-19;

(ii) assess pandemic response plans and policies to determine whether 
personal protective equipment, tests, vaccines, therapeutics, and other 
resources have been or will be allocated equitably, including by 
considering:

  (A) the disproportionately high rates of COVID-19 infection, 
hospitalization, and mortality in certain communities; and

  (B) any barriers that have restricted access to preventive measures, 
treatment, and other health services for high-risk populations;

(iii) based on the assessments described in subsection (a)(ii) of this 
section, modify pandemic response plans and policies to advance equity, 
with consideration to:

  (A) the effect of proposed policy changes on the distribution of 
resources to, and access to health care by, communities of color and other 
underserved populations;

  (B) the effect of proposed policy changes on agencies' ability to 
collect, analyze, and report data necessary to monitor and evaluate the 
impact of pandemic response plans and policies on communities of color and 
other underserved populations; and

  (C) policy priorities expressed by communities that have suffered 
disproportionate rates of illness and death as a result of the pandemic;

(iv) strengthen enforcement of anti-discrimination requirements pertaining 
to the availability of, and access to, COVID-19 care and treatment; and

(v) partner with States, localities, Tribes, and territories to explore 
mechanisms to provide greater assistance to individuals and families 
experiencing disproportionate economic or health effects from COVID-19, 
such as by expanding access to food, housing, child care, or income 
support.

                    (b) The Secretary of HHS shall:

(i) provide recommendations to State, local, Tribal, and territorial 
leaders on how to facilitate the placement of contact tracers and other 
workers in communities that have been hardest hit by the pandemic, recruit 
such workers from those communities, and connect such workers to existing 
health workforce training programs and other career advancement programs; 
and

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(ii) conduct an outreach campaign to promote vaccine trust and uptake among 
communities of color and other underserved populations with higher levels 
of vaccine mistrust due to discriminatory medical treatment and research, 
and engage with leaders within those communities.

                Sec. 4. 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,

                    January 21, 2021.

[FR Doc. 2021-01852
Filed 1-25-21; 11:15 am]
Billing code 3295-F1-P