[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 [www.gpo.gov]
[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

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                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:

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(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

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                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;

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                    (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

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                    (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;

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                    (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