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EO 14091Executive OrderBiden · D Quiet signal

Executive Order 14091

Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government

This executive order strengthens and extends the Biden Administration's equity mandate by requiring federal agencies to establish Equity Teams within 30 days, submit annual Equity Action Plans starting September 2023, and embed equity considerations across budgeting, procurement, AI development, and program delivery. It sets a 15% federal procurement goal for small disadvantaged businesses by FY2025, revokes Trump-era Opportunity Zone executive orders, and mandates coordination through a new White House Steering Committee on Equity.

Federal Register Open PDF 88 FR 10825

Impact dates

  1. 15% government-wide SDB procurement goal for FY2025

  2. FY2025 Budget formulation to support Equity Action Plans

  3. Second OSTP progress report on equitable data (July)

  4. First OSTP progress report on equitable data (January)

  5. First Equity Action Plans due to Steering Committee

  6. Agency Equity Teams established

Key directives

  • Establish Agency Equity Teams within 30 days of signing (by March 18, 2023)
  • Submit first Equity Action Plans in September 2023, annually thereafter
  • Set 15% government-wide procurement goal for small disadvantaged businesses in FY2025
  • OMB to set FY2024 SDB goal
  • Revoke EO 13946 and EO 13853; reinstate EO 12072 and EO 13006
  • OSTP to report on equitable data progress every January and July
  • Director of OMB to consider budget support for Equity Action Plans starting with FY2025 formulation
  • Agencies must embed equity in strategic plans, performance plans, regulatory agendas, and senior executive performance evaluations
  • Agencies shall advance equity in AI and automated systems design and use
  • Civil rights offices must be consulted on AI/automated systems acquisition and use
  • Assistant to President for Domestic Policy to issue urban equitable development policy memorandum

Who is ordered

Timeline

Immediate

  • Agency Equity Teams must be established within 30 days
  • Revocation of Executive Orders 13946 and 13853 takes effect

Near term (90d)

  • Agency Equity Teams operational and coordinating
  • Senior designees reporting to agency heads
  • Equity training programs initiated

Long term

  • Annual Equity Action Plans due each September starting 2023
  • FY2025 Budget formulation to incorporate equity plans (begins 2023)
  • 15% SDB procurement goal for FY2025
  • Ongoing embedding of equity in regulations, AI systems, and federal programs
  • Biannual OSTP reports on equitable data (January and July annually)

Risks & tensions

  • Vague enforcement mechanisms beyond 'coordination' and 'advisory' roles may limit accountability
  • Annual reporting starting September 2023 creates implementation gap before first assessment
  • 'Consistent with applicable law' qualifiers appear throughout, potentially weakening mandates
  • Revocation of Opportunity Zone EOs may face political and legal pushback from affected investors
  • Algorithmic discrimination provision lacks specific technical standards or enforcement timeline
  • Strongly encouraged' compliance for independent agencies creates coverage gaps
  • Potential tension between equity goals and existing procurement regulations (e.g., race-conscious criteria face legal uncertainty post-Students for Fair Admissions)
Executive Order 14091: Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government · Executive Orders