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Further Executive Actions Related to Race and Equity

On January 26th, President Biden undertook four executive actions related to diversity, race, and equity, spanning several issue areas. The President:

  • Instructed the Department of Justice to not renew contracts with privately-owned prisons. This does not apply to other agencies such as DHS. Full Executive Order here.
  • Instructed the Department of Housing and Urban Development to reassess changes made under the prior administration which made it harder for plaintiffs to prove unintentional discrimination in housing policies, and that HUD should implement the Fair Housing Act’s requirements in a way that prevents practices with an unjustified discriminatory effect. Memorandum here.
  • Reaffirmed tribal sovereignty and directed agencies to submit plans to comply with Executive Order 13175 (November 6, 2000), requiring agencies to engage in regular, meaningful, and robust consultation with Tribal officials in the development of Federal policies that have Tribal implications. Memorandum here.
  • Condemned racism and xenophobia towards Asian Americans, and required that agencies do not use xenophobic language with regards to COVID-19, and directed the Attorney General to expand anti-Asian hate crime reporting. Memorandum here.

Yellen Confirmed as Treasury Secretary

By a vote of 84 – 15, Janet Yellen was confirmed yesterday as Treasury Secretary by the Senate.  She becomes the first woman to head Treasury in its history.  In her role, she will play a critical role in the Biden Administration’s COVID recovery plans.

Biden Repeals EO on Diversity Trainings

President Biden has repealed a Trump-administration Executive Order 13950 requiring all new and amended federal government contracts to include language prohibiting the contractor from implementing any workplace training that endorsed what the Order deemed “divisive concepts,” including that an individual, by virtue of his or her race or sex, is prone to behaviors that are inherently racist or sexist.

Biden’s Executive Order repeals the Trump order in its entirety and affirms it is the policy of the federal government to “pursue a comprehensive approach to advancing equity for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality.”

More details here.

Austin Confirmed as Secretary of Defense

Earlier today, the Senate confirmed Lloyd Austin as the Secretary of Defense by a vote of 93 -2. The retired four-star general becomes the first African American to assume that position.

Before he could be confirmed, both chambers of Congress had to grant him a waiver to serve in that position.  The waiver was needed as military personnel need to be out of uniform for seven years before serving as the Secretary.  The Senate approved the waiver 69 – 27 while the House preceded it by a vote of 326 – 78.

Read more about the confirmation here and here.