Executive Order 14035 Implementation: Diversity, Equity, Inclusion, and Accessibility (DEIA) in the Federal Workforce

June 3, 2024 R48080

Executive Order 14035 Implementation:
June 3, 2024
Diversity, Equity, Inclusion, and Accessibility
Taylor N. Riccard
(DEIA) in the Federal Workforce
Analyst in Government
Organization and
On June 25, 2021, President Joe Biden issued Executive Order (E.O.) 14035 on “Diversity,
Management
Equity, Inclusion, and Accessibility [DEIA] in the Federal Workforce,” which mandates that the

federal government enhance its ability to recruit, hire, develop, promote, and retain talented
individuals and to act as a model employer for DEIA. This E.O. required the Office of Personnel

Management (OPM) to create a “Government-Wide DEIA Plan” and required executive branch
agencies to create their own DEIA strategic plans and tasked them with several DEIA-related responsibilities. In addition,
E.O. 14035 emphasized a number of topics in relation to DEIA, including paid internships, partnerships and recruitment,
professional development and advancement, training and learning, equity for employees with disabilities, equity for
LBGTQ+ employees, pay equity, and employment opportunities for formerly incarcerated individuals.
E.O. 14035 requires each agency to establish a chief diversity officer (CDO) or diversity and inclusion officer (DIO). OPM
established the Chief Diversity Officers Executive Council (CDOEC) as a forum to engage agency CDOs and DIOs. The
CDOEC is tasked with collaborating government-wide on strategic matters related to DEIA; collaborating with member
agencies and public and private stakeholders on DEIA programs; engaging in benchmark, strategy, and metric setting for
DEIA standards; and promoting the priorities and operating principles of E.O. 14035.
OPM published the Government-Wide Strategic Plan to Advance Diversity, Equity, Inclusion, and Accessibility in the
Federal Workforce in November 2021. The Government-Wide DEIA Plan provides guidance to agencies for implementing
E.O. 14035 through vision and mission statements, operating principles, DEIA priorities, advancement strategies, a maturity
model, a workplace harassment framework, and next steps. E.O. 14035 also tasked OPM with a number of DEIA roles and
responsibilities related to recruitment and hiring, training and development, and workforce equity.
In addition to the work that E.O. 14035 requires of the OPM director, the document outlines specific roles and
responsibilities for executive departments and agencies, including reporting and data collection requirements. The head of
each agency is required to make DEIA initiatives a priority in strategic planning efforts. Each agency was also directed to
develop an Agency DEIA Strategic Plan. This report discusses three specific Agency DEIA Strategic Plans as examples of
agency implementation of E.O. 14035 and the Government-Wide DEIA Plan. These plans are from OPM, the Department of
Transportation, and the Department of Commerce.
OPM published its first annual report to discuss the progress made on implementing the Government-Wide DEIA Plan and
E.O. 14035. The inaugural 2022 report provides workforce demographic data related to race, gender, veteran status, disability
status, military spouses, and the Pathways Program. OPM outlines seven “accomplishments” in the report and planned
actions for 2023. As of the time this CSR report was published, OPM had not yet released an annual report for 2023.
DEIA in the federal workforce is an issue of sustained interest to both the Biden Administration and Congress. DEIA-related
topics may present opportunities for congressional oversight and legislative action. Potential areas of congressional interest
may include:
• OPM’s capacity to implement E.O. 14035, the Government-Wide DEIA Plan, and other initiatives;
• agency and federal employee engagement with DEIA issues;
• DEIA data timeliness; and
• the relevance of DEIA as a policy priority.

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Executive Order 14035 Implementation: DEIA in the Federal Workforce

Introduction
On June 25, 2021, President Joe Biden issued Executive Order (E.O.) 14035 on “Diversity,
Equity, Inclusion, and Accessibility [DEIA] in the Federal Workforce,” which mandates that the
federal government enhance its ability to recruit, hire, develop, promote, and retain talented
individuals and to act as a model employer for DEIA.1 This E.O. required the Office of Personnel
Management (OPM) to create a government-wide DEIA plan. It also required executive branch
agencies to create their own DEIA strategic plans and tasked them with several DEIA-related
responsibilities. In addition, E.O. 14035 emphasized a number of topics in relation to DEIA,
including paid internships, partnerships and recruitment, professional development and
advancement, training and learning, equity for employees with disabilities, equity for LBGTQ+
employees, pay equity, and employment opportunities for formerly incarcerated individuals.
E.O. 14035 builds on several initiatives from the Obama Administration. On August 18, 2011,
President Barack Obama issued E.O. 13583, “Establishing a Coordinated Government-Wide
Initiative to Promote Diversity and Inclusion in the Federal Workforce,” which initially
established the requirement for a “Government-Wide Diversity and Inclusion Initiative and
Strategic Plan” and directed agencies to develop their own plans to support diversity and
inclusion.2 Notably, equity and accessibility are not topics addressed in E.O. 13583.
This report provides an overview of E.O. 14035 and outlines its implementation including
discussion of the Government-Wide Diversity, Equity, Inclusion, and Accessibility Strategic Plan
(hereinafter, Government-Wide DEIA Plan), agency DEIA strategic plans, and the annual DEIA
report. It also discusses potential topics of congressional interest for legislative and oversight
purposes.
Government-Wide DEIA Plan
In November 2021, OPM published the Government-Wide Strategic Plan to Advance Diversity,
Equity, Inclusion, and Accessibility in the Federal Workforce.3 The director of OPM is required to
reestablish an inter-agency initiative to promote DEIA in the federal workforce in coordination
with a number of other officials, including the chair of the Equal Employment Opportunity
Commission (EEOC), the Secretary of Labor, the director of the Office of Science and
Technology Policy (OSTP), the assistant to the President for National Security Affairs, the
assistant to the President for Domestic Policy (APDP), the director of the National Economic
Council, and the co-chairs of the Gender Policy Council. The E.O. tasked this group of officials
with issuing a Government-Wide DEIA Plan, which is to be updated as appropriate and at a
minimum of every four years. This plan is required to:
• define standards for DEIA efforts based on best practices from the public and
private sectors,

1 E.O. 14035, “Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce,” 86 Federal Register 34593,
June 25, 2021, https://www.federalregister.gov/documents/2021/06/30/2021-14127/diversity-equity-inclusion-and-
accessibility-in-the-federal-workforce.
2 E.O. 13583, “Establishing a Coordinated Government-Wide Initiative to Promote Diversity and Inclusion in the
Federal Workforce,” 76 Federal Register 52847, August 18, 2011, https://www.federalregister.gov/documents/2011/
08/23/2011-21704/establishing-a-coordinated-government-wide-initiative-to-promote-diversity-and-inclusion-in-the.
3 OPM, Government-Wide Strategic Plan to Advance Diversity, Equity, Inclusion, and Accessibility in the Federal
Workforce, November 2021, https://www.whitehouse.gov/wp-content/uploads/2021/11/Strategic-Plan-to-Advance-
Diversity-Equity-Inclusion-and-Accessibility-in-the-Federal-Workforce-11.23.21.pdf.
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Executive Order 14035 Implementation: DEIA in the Federal Workforce

• identify strategies to advance DEIA in the federal workforce across a number of
dimensions,
• provide a framework for addressing workplace harassment, and
• improve transparency and accountability associated with the EEOC’s
Management Directive 715.4
Implementation
This plan provides guidance—organized into seven sections and two appendices—to agencies for
implementing E.O. 14035 through vision and mission statements, operating principles, DEIA
priorities, advancement strategies, a maturity model, a workplace harassment framework, and
next steps.
Defining Key Terms
OPM’s Government-Wide DEIA Plan provides definitions for diversity, equity, inclusion, and accessibility in an
appendix.5 Section 2 of E.O. 14035 uses the same definitions for these terms.
Diversity is defined as the “practice of including the many communities, identities, races, ethnicities, backgrounds,
abilities, cultures, and beliefs of the American people, including underserved communities.”
Equity is defined as the “consistent and systematic fair, just, and impartial treatment of all individuals, including
individuals who belong to underserved communities that have been denied such treatment.”
Inclusion is defined as the “recognition, appreciation, and use of the talents and skil s of employees of all
backgrounds.”
Accessibility is defined as:
The design, construction, development, and maintenance of facilities, information and communication
technology, programs, and services so that all people, including people with disabilities, can ful y and
independently use them. Accessibility includes the provision of accommodations and modifications to ensure
equal access to employment and participation in activities for people with disabilities, the reduction or
elimination of physical and attitudinal barriers to equitable opportunities, a commitment to ensuring that
people with disabilities can independently access every outward-facing and internal activity or electronic
space, and the pursuit of best practices such as universal design.
The Government-Wide DEIA Plan’s mission statement states, “Across the federal government,
agencies will work collaboratively to drive innovation and organizational outcomes, draw from
the full diversity of the nation, and position the federal government to serve as a model employer
that values and promotes equity for all Americans.”
Government-Wide DEIA Plan Operating Principles and Priorities
The operating principles outlined in the Government-Wide DEIA Plan include:
1. Use data- and evidence-based decisionmaking. OPM tasks agencies with
drawing from E.O. 14035, the Foundations for Evidence-Based Policymaking
Act of 2018 (P.L. 115-435), and the Federal Data Strategy to prioritize a data-
driven approach to DEIA.6 It outlines several standards related to agencies’ DEIA
data responsibilities.7

4 EEOC, “Management Directive 715,” October 1, 2003, https://www.eeoc.gov/federal-sector/management-directive/
section-717-title-vii.
5 OPM, Government-Wide Strategic Plan, p. 21.
6 Office of Management and Budget, “Federal Data Strategy,” https://strategy.data.gov/.
7 OPM, Government-Wide Strategic Plan, p. 6.
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2. Focus on continuous improvement. This emphasizes systematic, ongoing
improvement instead of “cyclical or one-time achievements.”8
3. Adopt a collaborative whole-of-agency mandate with partnership
engagement. This requires agencies to leverage resources across each agency
and partner with experts across government, nonprofit organizations, and
educational institutions.9
4. Prioritize accountability and sustainability. OPM tasks agency leadership with
emphasizing DEIA in decisionmaking and strategic goal planning.10 This
operating principle also states that performance assessment of agency leaders
should take execution of DEIA goals and vision into account. In addition, agency
leadership should pursue increased transparency for DEIA activities.
5. Understand the perspectives of the workforce and the customers. The last
operating principle describes OPM’s interest in agencies improving their
understanding of both employee experience and customer experience. OPM
defines customer experience as “the public’s perceptions of, and overall
satisfaction with, their collective interactions with a government agency product,
or service.”11 Employee experience is defined as “the perception employees have
of their collective interactions with their employer.”12
The Government-Wide DEIA Plan also provides a list of 11 government-wide DEIA priorities:
safe workplaces, establishing chief diversity officers (CDOs), data collection, promoting paid
internships, partnerships and recruitment, professional development and advancement, DEIA
training and learning, equity for employees with disabilities, equity for LGBTQI+ employees, pay
equity, and employment opportunities for formerly incarcerated individuals.13
Maturity Model and Workplace Harassment Framework
OPM established a DEIA Maturity Model (see Figure 1) for agencies to “assess their workforce
policies, organizational structures and alignment, and the adequacy of DEIA resources.”14 OPM
uses maturity models to help agencies assess various efforts and initiatives for benchmarking
purposes.15

8 OPM, Government-Wide Strategic Plan, p. 7.
9 OPM, Government-Wide Strategic Plan, p. 7.
10 OPM, Government-Wide Strategic Plan, p. 8.
11 OPM, Government-Wide Strategic Plan, p. 8.
12 OPM, Government-Wide Strategic Plan, p. 8.
13 OPM, Government-Wide Strategic Plan, pp. 9-10.
14 OPM, Government-Wide Strategic Plan, p. 15.
15 For example, see OPM, Human Capital Reviews, May 2018, https://www.opm.gov/policy-data-oversight/human-
capital-framework/reference-materials/tools/human-capital-reviews.pdf.
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Figure 1. Maturity Model
Government-Wide DEIA Plan: Appendix II

Source: OPM, Government-Wide DEIA Plan, November 2021, p. 23.
The Government-Wide DEIA Plan detailed a three-phase framework to prevent and address
workplace harassment:16 (1) completing self-assessments of their policies and procedures, (2)
reviewing the self-assessments and implementing new practices with implementation milestones,
and (3) implementing evidence-based practices for continued improvement.
Next Steps for Agencies
The Government-Wide DEIA Plan provides roadmaps for agency action for each component of
DEIA. Each roadmap includes a narrative description and lists examples of actions agencies may
take in order to pursue each DEIA component.17 OPM also explains agencies’ responsibility for
establishing their own DEIA strategic plans18 and outlines the information that agencies must
include in these plans. CDOs within agencies are required to oversee agency implementation of
DEIA strategic plans and to evaluate and report on progress on a quarterly basis.
Chief Diversity Officers Executive Council
Section 4(f) of E.O. 14035 requires each agency to establish a CDO or diversity and inclusion
officer (DIO). Those appointed to these positions should have “sufficient seniority to coordinate
efforts to promote diversity, equity, inclusion, and accessibility within the agency.”19 OPM issued
guidance on January 5, 2022, specifying that CDOs or DIOs must have expertise and authority in
order to work with agency leadership and officials across government to advance DEIA within

16 OPM, Government-Wide Strategic Plan, pp. 16-17.
17 OPM, Government-Wide Strategic Plan, pp. 11-14.
18 OPM, Government-Wide Strategic Plan, pp. 19-20.
19 E.O. 14035, 86 Federal Register 34597.
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their organizations. In addition, OPM states that it will establish a forum to engage agency CDOs
and DIOs.20
In 2021, OPM established the Chief Diversity Officers Executive Council (CDOEC). The
CDOEC’s charter states that the council is to serve as the “principal interagency forum to
implement and sustain a national strategy for DEIA across the Federal government and position
the Federal government as a model for DEIA.”21 The CDOEC is tasked with collaborating
government-wide on strategic matters related to DEIA; collaborating with member agencies and
public and private stakeholders on DEIA programs; engaging in benchmark, strategy, and metric
setting for DEIA standards; and promoting the priorities and operating principles of E.O. 14035.
The CDOEC is chaired by the director of OPM and vice-chaired by the Office of Management
and Budget (OMB) deputy director for management (DDM) and the chair of the EEOC. In
addition, the 24 agencies identified in the Chief Financial Officer Act of 1990 (P.L. 101-576) are
represented on the council as permanent members by CDOs, DIOs, or equivalent executives.22
Members of the council are required to attend quarterly meetings, committee meetings, events,
and forums; participate in meetings and vote as necessary; implement council projects; serve on
committees; bring issues related to DEIA to the council’s attention; engage in cross-agency
collaboration; and represent council interests at meetings, events, and forums as necessary. The
CDOEC chairperson has the authority to appoint an executive committee as well as “standing
committees, special committees, working groups, advisory groups, and temporary bodies to
address areas of interest to the Council and to carry out the implementation of Federal DEIA
initiatives or projects.”23
The CDOEC may hold votes when a quorum of 50% of its permanent membership is present on
topics such as council priorities, recommendations for government-wide policies, initiatives and
programs, and actions for OPM. OPM maintains records of voting outcomes and meeting
summaries, as well as all other official activities of the CDOEC.
CDOEC Operations
On September 29, 2022, OPM convened the CDOEC for its first interagency meeting.24 It was
chaired by OPM Director Kiran Ahuja and co-chaired by Charlotte Burrows, chair of the EEOC,
and OPM DDM Jason Miller. The CDOEC was staffed by the government-wide CDO, Janice
Underwood.

20 OPM, “Agency Opportunities to Establish Chief Diversity Officer or Diversity and Inclusion Officer Pursuant to
Executive Order 14035, Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce,” January 5, 2022,
https://www.chcoc.gov/content/agency-opportunities-establish-chief-diversity-officer-or-diversity-and-inclusion-
officer.
21 OPM, “Chief Diversity Officers Executive Council Charter,” https://www.opm.gov/policy-data-oversight/chief-
diversity-officers-executive-council/chief-diversity-officers-executive-council-charter/#objectives.
22 31 U.S.C. §901(b).
23 OPM, “Chief Diversity Officers Executive Council Charter.” The executive committee includes the chairperson, the
vice chairpersons, the government-wide CDO, and up to five additional members of the CDOEC.
24 OPM, “OPM Launches Chief Diversity Officers Executive Council to Advance Diversity, Equity, Inclusion, and
Accessibility Across Federal Agencies,” press release, September 29, 2022, https://www.opm.gov/news/releases/2022/
09/release-opm-launches-chief-diversity-officers-executive-council-to-advance-diversity-equity-inclusion-and-
accessibility-across-federal-agencies/.
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On September 21, 2023, OPM published a press release acknowledging the first anniversary of
the inaugural CDOEC interagency meeting.25 Among other things, the press release outlined a list
of accomplishments that the CDOEC made in its first year, including (1) publishing an official
CDOEC charter; (2) creating a website; (3) establishing a forum; (4) creating four working
groups on Standards, Policy, Data, and Professional Learning, Training, and Outreach; (5)
collaborating with the Chief Human Capital Officers Council and other federal councils; and (6)
facilitating quarterly CDOEC meetings.
OPM Additional DEIA Responsibilities
In addition to the creation of the Government-Wide DEIA Plan, E.O. 14035 tasked OPM with a
number of DEIA roles and responsibilities related to recruitment and hiring, training and
development, and workforce equity.
Recruitment and Hiring
The OPM director, in collaboration with the DDM of OMB, is required to issue guidance to
agencies to promote paid internships, fellowships, and apprenticeships in the federal workforce
with a specific emphasis on recruiting individuals from underserved communities. The
Government-Wide DEIA Plan lists promoting paid internships as one of the government-wide
DEIA priorities but does not provide further information on implementation of this aspect of the
E.O.
The OPM director, the director of the OSTP, and the DDM of OMB must coordinate a
government-wide initiative called the “Partnerships Initiative” to “facilitate recruitment for
Federal employment opportunities of individuals who are members of underserved communities.”
These officials are to “guide agencies in building or strengthening partnerships” with historically
black colleges and universities and other types of institutions of higher education.26 Further,
agency heads are to work with the OPM director, OSTP director, and OMB DDM to establish
employment, internship, fellowship, and apprenticeship opportunities for the institutions of higher
education that they are required to partner with.
Training and Development
In collaboration with the OMB DDM, the OPM director is required to issue guidance to agencies
“for tracking demographic data relating participation in leadership and professional development
programs and development opportunities offered or sponsored by agencies and the rate of the
placement of participating employees into senior positions in agencies.” In addition, the OPM
director and the chair of the EEOC are required to issue guidance and assist agencies in creating
and improving DEIA training programs.
Workforce Equity
The OPM director is tasked with working with the Secretary of Labor, the chair of the EEOC, the
OMB DDM, the executive director of the Architectural and Transportation Barriers Compliance
Board, and the administrator of General Services to advance equity for federal employees with

25 OPM, “Federal Government’s First-Ever Chief Diversity Officers Executive Council Marks One Year,” press
release, September 21, 2023, https://www.opm.gov/news/releases/2023/09/release-federal-government-s-first-ever-
chief-diversity-officers-executive-council-marks-one-year/.
26 For a full list of entities that agencies are directed to partner with, see Section 7 of E.O. 14035.
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disabilities by (1) ensuring agency compliance with applicable laws;27 (2) assessing agencies’ use
of the Schedule A hiring authority for persons with disabilities (PWD) and other enhancements to
employment opportunities for PWD;28 (3) ensuring that PWD have access to information about
their rights, relevant resources, and reasonable accommodations; and (4) ensuring that federal
buildings and workplaces are accessible to PWD and meet accessibility standards.
The OPM director is to coordinate with the heads of agencies to “improve equitable access to
employee services and health/medical benefits, update employee identification standards, expand
availability of non-binary facilities, and mitigate barriers to security clearance.”29
OPM must review government-wide regulations and guidance to address pay inequity and to
assess the current accessibility of federal employment opportunities for formerly incarcerated
individuals and possible actions to improve these opportunities. The OPM director must report
these findings to the President.
Executive Branch Agencies: DEIA Responsibilities
The previous section of this report discusses responsibilities associated with the OPM director,
many of which require coordination with agency officials. In addition to the work that E.O. 14035
requires of the OPM director, the document outlines specific roles and responsibilities for
executive departments and agencies, including reporting and data collection requirements.
Agency heads are required to make DEIA initiatives a priority in their strategic planning efforts.
They are also required to report to the OPM director, OMB DMM, and assistant to the APDP
within 100 days of the issuance of E.O. 14035 on the current state of DEIA within their agencies
and opportunities for improvement. Each agency is also directed to develop an Agency DEIA
Strategic Plan.
Agency Reporting
Each agency head is required to report on the agency’s implementation of E.O. 14035 and its
Agency Strategic Plan to the President on an annual basis. E.O. 14035 required the Government-
Wide DEIA Plan to establish a system for this process: “New reporting requirements should be
aligned with ongoing reporting established by Executive Order 13985 and the National Security
Memorandum on Revitalizing America’s Foreign Policy and National Security Workforce,
Institutions, and Partnerships.”30 The Secretary of Defense and the Secretary of Labor are
required to review the Workforce Recruitment Program, which is used to recruit college students
and recent graduates with disabilities, and to report recommended changes to the APDP.
Data Collection
E.O. 14035 requires agency heads to measure “demographic representation and trends related to
diversity in the agency’s overall workforce composition, senior workforce composition,

27 Specifically, E.O. 14035 names Sections 501, 504, and 508 of the Rehabilitation Act of 1973 (P.L. 93-112), as
amended (29 U.S.C. §§791, 794, 794d).
28 For discussion, see CRS Report R47316, Federal Hiring of Persons with Disabilities, by Taylor N. Riccard and
Kathleen E. Marchsteiner.
29 OPM, “Executive Order (EO) 14035: Diversity, Equity, Inclusion, and Accessibility (DEIA) in the Federal
Workforce,” https://www.opm.gov/policy-data-oversight/diversity-equity-inclusion-and-accessibility/reference-
materials/diversity-equity-inclusion-accessibility-in-the-federal-workforce.pdf.
30 E.O. 14035, 86 Federal Register 34595.
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employment applications, hiring decisions, promotions, pay and compensation, professional
development programs, and attrition rates.” They are also required to measure “voluntarily self-
reported demographic data regarding the membership of advisory committees, commissions, and
boards in a manner consistent with applicable law, including privacy and confidentiality
protections, and with statistical standards where applicable,” and agency heads must comply with
standards governing the collection, use, and analysis of demographic data.31 The head of each
agency must also implement any revised guidance issued by the OPM director, the chair of the
EEOC, and the OMB DDM regarding collection of demographic data about federal employees.
Agency DEIA Strategic Plans
This report discusses three specific Agency DEIA Strategic Plans as examples of agency
implementation of E.O. 14035 and the Government-Wide DEIA Plan. OPM was selected due to
its role as the federal government’s chief human resources agency. The Department of
Transportation (DOT) and the Department of Commerce (DOC) were selected because of their
Cabinet-level statuses and large workforces.
Section 4(b) of E.O. 14035 requires each agency to develop and submit an Agency DEIA
Strategic Plan to the APDP, OPM director, and OMB DDM within 120 days of the issuance of the
Government-Wide DEIA Plan. These plans are required to “identify actions to advance diversity,
equity, inclusion, and accessibility in the workforce and remove any potential barriers to diversity,
equity, inclusion, and accessibility in the workforce.” In addition, agency heads must include
quarterly goals and actions to advance DEIA within their agencies. Agencies are then required to
report annually to the President on agency progress in implementing their Agency DEIA Strategic
plans. Agency DEIA Strategic Plans are typically found on agency websites.
Agency Plan Development and Publication
OPM
Like other agencies, OPM was required to solicit contributions from many stakeholders within
the agency. Prior to the publication of the OPM DEIA Strategic Plan, OPM “conducted a self-
assessment to evaluate the effectiveness of the Agency’s DEIA within its workforce policies and
culture.”32 Several DEIA Strategic Plan committees within OPM used this information to help
develop the agency’s plan. The OPM DEIA Strategic Plan covers workplace harassment and
workplace safety; accessibility, recruitment, development and retention; and data and
accountability. The OPM website also refers to an “OPM DEIA Strategic Plan Team,” which is
comprised of OPM human resources personnel and employees of the Office of Diversity, Equity,
Inclusion, and Accessibility.
According to OPM, the OPM DEIA Strategic Plan Team worked with the Office of the Director,
the Office of Equal Employment Opportunity, the Office of General Counsel, and the OPM DEIA

31 See OMB Directive No. 15, “Standards for Maintaining, Collecting, and Presenting Federal Data on Race and
Ethnicity,” 89 Federal Register 22182, March 29, 2024, https://www.federalregister.gov/documents/2024/03/29/2024-
06469/revisions-to-ombs-statistical-policy-directive-no-15-standards-for-maintaining-collecting-and; and OMB,
Guidance for Providing and Using Administrative Data for Statistical Purposes, February 14, 2014,
https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/memoranda/2014/m-14-06.pdf. For
discussion, see CRS Insight IN12304, Revisions to Statistical Policy Directive No. 15: Standards for Maintaining,
Collecting, and Presenting Federal Data on Race and Ethnicity, by Taylor R. Knoedl.
32 OPM, “Plan Development Process,” https://www.opm.gov/about-us/reports-publications/agency-plans/agency-deia-
strategic-plan/plan-development-process/.
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Council to develop the OPM DEIA Strategic Plan and to help implement the plan. OPM also
established the OPM DEIA Council in part to “support OPM’s efforts to develop and monitor the
implementation of the OPM DEIA Strategic Plan.”33 OPM states that the DEIA Strategic Plan
Team incorporated the directives and priorities of the President’s Management Agenda, relevant
executive orders, presidential memorandums, and the Government-Wide DEIA Plan.34 The OPM
DEIA Strategic Plan can be found on the OPM website as of this report’s publication.35
DOT
DOT’s DEIA Strategic Plan for FY2022-FY2026 was developed by DOT’s Workforce Equity
Team, which is described as “a cross-Departmental team of staff from civil rights, human
resources, and program offices.”36 The plan states that DOT’s DEIA efforts are organized into
“five focus areas: Recruitment, Outreach and Hiring; Leadership and Professional Development;
Retention; Workplace Culture; and Accountability.”37 The DOT DEIA Strategic Plan can be found
on the DOT website as of the time of this report’s publication.
The DOT plan highlights the existing role of the CDO for DEIA efforts, summarizes the results of
DOT’s DEIA self-assessment, lists existing effective DOT DEIA practices, and reports DOT
workforce demographic data.38 According to DOT, opportunities for improvement uncovered by
the self-assessment informed Section 5.1 of the plan, “DOT Focus Areas and Descriptions.”
Notably, DOT’s analysis of workforce demographic data on race, national origin, gender, and
disability status found that “there has not been a significant shift in the composition of the DOT
workforce for the past six years.”39 DOT concludes, “This emphasizes the need for this DOT
DEIA Strategic Plan to identify barriers, develop and implement strategies, and ultimately ensure
accountability measures are established for shifting the composition of the DOT workforce to be
more reflective of all communities.”
DOC
DOC’s DEIA Strategic Plan describes the existing DEIA infrastructure within the department and
names key contributors to the development of the plan.40 DOC established an Office of CDO
within the Office of Civil Rights (OCR) and a CDO position at the Senior Executive Service
level.41 In September 2021, DOC also created a DEIA Council, which is led by the Deputy
Secretary. DOC states that the purpose of the DEIA Council is to “lead the implementation of and
to provide oversight and guidance to the Department’s internal and external DEIA initiatives at

33 OPM, “Agency DEIA Strategic Plan Overview,” https://www.opm.gov/about-us/reports-publications/agency-plans/
agency-deia-strategic-plan/deia-overview/.
34 OPM, “Plan Development Process: Strategic Alignment,” https://www.opm.gov/about-us/reports-publications/
agency-plans/agency-deia-strategic-plan/plan-development-process/.
35 OPM, “Agency Diversity, Equity, Inclusion and Accessibility Strategic Plan,” https://www.opm.gov/about-us/
reports-publications/agency-plans/agency-deia-strategic-plan/.
36 DOT, DEIA Strategic Plan: Advancing Diversity, Equity, Inclusion, and Accessibility in the Department of
Transportation: FY22-FY26, https://www.transportation.gov/careers/dot-deia-strategic-plan.
37 DOT, DEIA Strategic Plan, p. 3.
38 DOT, DEIA Strategic Plan, pp. 7-10.
39 DOT, DEIA Strategic Plan, p. 13.
40 DOC, Diversity, Equity, Inclusion and Accessibility Strategic Plan 2022-2024, p. 9, https://www.commerce.gov/
sites/default/files/2022-10/DOC-DEIA-Strategic-Plan.pdf.
41 For discussion of the Senior Executive Service, see CRS In Focus IF11743, The Senior Executive Service: An
Overview, by Maeve P. Carey.
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the highest level.”42 The DEIA Council is comprised of seven committees: (1) Race and Ethnicity,
(2) Gender Equity, (3) Environmental Justice, (4) LGBTQI+, (5) Outreach to Underserved
Communities and Businesses, (6) Agency Culture, and (7) Accessibility. The Agency Culture
Committee, which is led by the OCR, was responsible for developing the DOC DEIA Strategic
Plan. The plan can be found on DOC’s website as of this report’s publication.43 The DOC website
also discusses ways for department employees and leaders to get involved in DEIA initiatives.44
Prior to the development of the DOC plan, DOC conducted a DEIA self-assessment pursuant to
requirements in E.O. 14035 that showed that
the Department’s DEIA program is at the compliance level and highlighted the need to take
significant concrete actions for DEIA to be fully embedded into our culture. So, the
Department developed this Plan which identifies solutions to our challenges and barriers
and provides the roadmap for how the Department will progress to higher levels on the
DEIA Maturity Model.45
Agency Plan Goals and Priorities
OPM
OPM includes a DEIA mission and vision statement and outlines eight goals that “communicate
OPM’s efforts to address problems, needs, challenges, and opportunities concerning DEIA,”
which are to be implemented by September 30, 2024.46 OPM’s eight goals are described below.
• Goal 1 requires OPM to “improve by 2% over the baseline the percent of
employees who are knowledgeable and confident in OPM’s anti-harassment and
safety practices.”
• Goal 2 requires OPM to “improve by 2% over the baseline the percent of OPM
employees who agree that the agency is a great place to work for employees with
disabilities.”
• Goal 3 requires OPM to “increase the number of resources dedicated to outreach
and recruitment efforts, including for organizations that serve underserved &
tribal communities, colleges, and universities by 10%.”
• Goal 4 requires OPM to “increase the percentage of OPM employees who
perceive the agency’s hiring practices as diverse, equitable, inclusive, and
accessible by 2%.”
• Goal 5 requires OPM to “increase [the Federal Employee Viewpoint Survey]’s
Employee Engagement: Professional Development and Growth index by 4%.”
• Goal 6 requires OPM to “increase the percentage of employees who feel valued
within their organization by two percentage points.”

42 DOC, Diversity, Equity, Inclusion and Accessibility Strategic Plan 2022-2024, p. 9.
43 DOC, “Diversity, Equity, Inclusion, and Accessibility (DEIA),” https://www.commerce.gov/hr/practitioners/human-
capital/diversity-inclusion.
44 DOC, “How Can You Support DEIA,” https://www.commerce.gov/cr/programs-and-services/how-can-you-support-
deia.
45 DOC, Diversity, Equity, Inclusion and Accessibility Strategic Plan 2022-2024, p. 6.
46 OPM, “Agency DEIA Strategic Plan Goals,” https://www.opm.gov/about-us/reports-publications/agency-plans/
agency-deia-strategic-plan/deia-goals/.
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• Goal 7 requires OPM to “increase the self-identifiers available to include sexual
orientation and gender identity data, as well as new racial/ethnic categories, and
decrease the percent of undisclosed demographics by 2% from the baseline.”
• Goal 8 requires OPM to improve “access to baseline applicant and workforce
data” by 2%.
OPM outlines one or more strategies for achieving each goal. OPM also outlines key milestones,
names the implementing organization, lists a target completion time frame, and includes
performance measures for each strategy.
DOT
DOT’s DEIA Strategic Plan outlines the Government-Wide DEIA Plan’s vision, mission, and
operating principles. It then provides its own mission and vision statements. In addition, DOT
describes how it plans to integrate each of the government-wide operating principles into its own
agency planning.47
Based on OPM’s DEIA Maturity Model, DOT has identified areas for improvement:48
Out of the 24 areas OPM reviewed, DOT was assessed at a Level 1 for 15 areas and Level
2 for nine areas. This means that on the continuum of DEIA maturity, DOT must do more
to actively promote the integration of DEIA fully into Departmental culture, strategic
planning, and mission critical work. In those nine areas where DOT was assessed to be at
Level 2, DEIA values are actively being promoted by one or more operating
administrations in DOT, however these values may not be fully or consistently integrated
and actualized Department-wide. Overall, OPM’s scoring establishes DOT as solidly
satisfactory at building a foundational capacity, which meets compliance expectations,
with some successes in advancing next level DEIA outcomes. A further look at the
scorecard definitions highlights that DOT’s DEIA work would benefit from more
resources, better integration, and centralization.49
DOT further discusses five focus areas and provides charts that depict planned actions and
activities for each of the five focus areas. For example, under Focus Area 1, “Recruitment,
Outreach and Hiring,” DOT lists the Government-Wide Strategic Priorities that this focus area is
intended to align with.50 The chart for DOT Focus Area 1 lists DOT Action 1.1 as “Facilitate the
recruitment of individuals who are members of underserved communities as candidates and
applicants for DOT employment opportunities.” Under Action 1.1, DOT lists several activities,
including “Ensure all recruitment strategies and materials are accessible to individuals with
disabilities.”

47 DOT, DEIA Strategic Plan, pp. 4-7.
48 DOT includes detailed information on the application of OPM’s DEIA Maturity Model in an appendix to the DEIA
Strategic Plan. See DOT, DEIA Strategic Plan FY22-FY26, pp. 28-30.
49 DOT, DEIA Strategic Plan, p. 14.
50 According to the DOT Focus Area 1 chart, these strategic priorities are data collection, promoting paid internships,
partnerships and equitable recruitment, advancing equity for employees with disabilities, advancing equity for
LGBTQI+ employees, pay equity, and expanding employment opportunities for formerly incarcerated individuals.
DOT, DEIA Strategic Plan, p. 16.
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DOC
The DOC DEIA Strategic Plan provides department-specific DEIA mission and vision
statements.51 It also provides a “Business Case for DEIA,” which states that enhancing DEIA will
help fix “operational and economical inefficiencies.”52
DOC’s plan explains that the Agency Culture Committee opted to organize DOC’s efforts around
five strategic goals tied to different phases in the employment cycle: (1) diversity, (2) equity, (3)
inclusion, (4) accessibility, and (5) infrastructure and accountability.53 DOC also developed a
“Framework for a Safe and Inclusive Workplace,” which is intended to “prevent and address
workplace harassment.”54 The Framework is discussed in detail in the DOC DEIA Strategic
Plan’s appendix.
Similar to the DOT DEIA Strategic Plan, DOC provides strategic objectives related to each of the
five goals and the Framework in its plan. These are summarized in Figure 2 below.
Figure 2. DOC DEIA Strategic Plan at-a-Glance

Source: DOC, Diversity, Equity, Inclusion and Accessibility Strategic Plan 2022-2024, p. 20.

51 DOC, Diversity, Equity, Inclusion and Accessibility Strategic Plan 2022-2024, p. 8.
52 DOC, Diversity, Equity, Inclusion and Accessibility Strategic Plan 2022-2024, p. 5.
53 DOC, Diversity, Equity, Inclusion and Accessibility Strategic Plan 2022-2024, pp. 10-11.
54 DOC, Diversity, Equity, Inclusion and Accessibility Strategic Plan 2022-2024, p. 60.
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Agency Plan Appendices
OPM
OPM’s DEIA Strategic Plan includes three appendices that provide information on key terms and
definitions, acronyms, and OPM contributors.55
DOT
In addition to detailed information on the Maturity Model assessment, the DOT DEIA Strategic
Plan includes information on a number of topics in appendices. Notably, Section 6.5 of the
appendices displays DOT’s DEIA actions and key activities in charts that include target
completion dates and status indicators (i.e., “Complete,” “In Progress,” or “Not Started”).56
DOC
In an appendix titled “Detailed Strategic Objectives and Actions,” DOC breaks down each
strategic goal with discussion of annual metrics, quarterly metrics, sub-objectives, actions to
achieve sub-objectives, proposed timelines, and owners of each objective.57 For example,
Strategic Goal 1 is “Create and promote an organizational culture that is diverse through
enhanced recruitment and hiring practices.” One of the annual metrics for Strategic Goal 1 is the
“Percent of bureaus with established Strategic Outreach and Recruitment (SOAR) working
groups.” Objective 1.1 within Strategic Goal 1 is “Enhance outreach and recruitment to create a
more diverse and inclusive applicant pool.” DOC then lists several sub-objectives for Objective
1.1. For each of these sub-objectives, the plan describes actions DOC plans to take to achieve that
sub-objective, the timeline for completion, and the stakeholder(s) responsible for the listed
actions.
DEIA Annual Report
On February 15, 2023, OPM released its first annual report titled Government-Wide DEIA: Our
Progress and Path Forward to Building a Better Workforce for the American People for calendar
year 2022, which discusses the progress made on the Government-Wide DEIA Plan and E.O.
14035.58 The report provides workforce demographic data related to race, gender, veteran status,
disability status, military spouses, and the Pathways Program. Findings from OPM’s research are
discussed in more detail in the appendix to the annual report.59
OPM lists seven “accomplishments” in the implementation of E.O. 14035 and the Government-
Wide DEIA plan:60

55 OPM, “Agency DEIA Strategic Plan Appendices,” https://www.opm.gov/about-us/reports-publications/agency-
plans/agency-deia-strategic-plan/deia-appendices/.
56 DOT, DEIA Strategic Plan, pp. 36-55.
57 DOC, Diversity, Equity, Inclusion and Accessibility Strategic Plan 2022-2024, pp. 21-59.
58 OPM, Government-Wide DEIA: Our Progress and Path Forward to Building a Better Workforce for the American
People: Annual Report 2022, https://www.opm.gov/policy-data-oversight/diversity-equity-inclusion-and-accessibility/
reports/DEIA-Annual-Report-2022.pdf.
59 OPM, Government-Wide DEIA, pp. 22-27.
60 OPM, Government-Wide DEIA, pp. 9-14.
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1. The establishment of the CDOEC (see “Chief Diversity Officers Executive
Council”). OPM states that the CDOEC will collaborate with various
stakeholders to pursue DEIA projects and programs across the government.
Further, the CDOEC will set DEIA standards for accountability, support agencies
in their DEIA initiatives, and promote the implementation of E.O. 14035.
2. The Federal Employee Resource Group (ERG) Summit held on April 22, 2022.
According to OPM, the summit was “designed to equip Federal employees in
ERGs to better support agencies’ efforts to strategically advance DEIA and
impact mission outcomes.”
3. The “DEIA Summit 2022: A Whole-of-Government Approach to Disability
Employment” event hosted virtually by OPM’s Office of Diversity, Equity,
Inclusion, and Accessibility on December 6-8, 2022, to discuss “Promising
practices and strategies to improve employment for people with disabilities in the
Federal workforce.”
4. Promoting gender-affirming and inclusive care for employees through the
Federal Employees Health Benefits Program.
5. DEIA-related updates made to the OPM Federal Employee Viewpoint Survey
(FEVS).61 OPM explains that these updates were “to transform the existing OPM
FEVS diversity and inclusion index, ‘New Inclusion Quotient,’ into an index that
assesses employee experiences with DEIA policies, practices, and procedures
regarding their agency and its leaders.”
6. Establishment of a “DEIA Learning Community” to work with agency DEIA
teams, produce a newsletter, provide feedback on agency DEIA self-assessments,
and host webinars and office hours.
7. “Advancing DEIA Promising Practices for Federal Agencies.” OPM explains
that it has worked with a number of agencies to produce a document titled
“Promising Practices for Diversity, Equity, Inclusion, and Accessibility in the
Federal Workforce,” which discusses DEIA issues, solutions, and outcomes.62
The annual report also discusses the activities and initiatives that OPM planned for 2023,
including additional ERG and DEIA summits. The implementation of some of these activities
remains to be seen as of the time of this report’s publication. According to the annual report,
OPM planned to partner with the General Services Administration to assess outcomes with
agencies participating in DEIA training. OPM also discusses plans to create a “DEIA Dashboard,”
which is also an OPM Agency Priority Goal.63 OPM explains that the purpose of this dashboard is
“improving data collection, use, and sharing to help agencies successfully implement DEIA-
focused programs, practices and policies supporting improved equitable services through an
engaged workforce.”64 OPM discusses data-driven plans for FY2023-FY2026 in detail in a report

61 The FEVS is an annual survey administered by OPM. It seeks to measure federal employees’ perceptions of their
work experiences, their agency, and leadership. For more information, see CRS Insight IN12079, The 2022 Federal
Employee Viewpoint Survey (FEVS): Results and Issues for Congress, by Taylor N. Riccard
62 OPM, Promising Practices for Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce,
https://www.opm.gov/policy-data-oversight/diversity-equity-inclusion-and-accessibility/promising-practices-for-
diversity-equity-inclusion-and-accessibility-in-the-federal-workforce.pdf.
63 OPM, “FY 2023 Annual Performance Report,” https://www.opm.gov/about-us/2023-annual-performance-report/
agency-priority-goals/.
64 OPM, Government-Wide DEIA, p. 20.
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titled Data Strategy.65 Finally, OPM speaks to the “DEIA Talent Sourcing for America” initiative
launched in September 2022, which “seeks to apply a DEIA lens on the first step in the
employment cycle, prior to a candidate’s application.”66
As of the time this report was published, OPM had not yet released an annual report for 2023.
Issues for Congress
DEIA in the federal workforce is an issue of sustained interest to both the Biden Administration
and Congress. DEIA related topics may present opportunities for congressional oversight and
legislative action. Potential areas of congressional interest may include:
• OPM’s capacity to implement E.O. 14035, the Government-Wide DEIA Plan,
and other initiatives;
• agency and federal employee engagement with DEIA issues; and
• the relevance of DEIA as a policy priority.
OPM’s overall operational capacity has been a matter of debate in recent years. In 2021, the
National Academy of Public Administration released a congressionally mandated report on OPM,
which included 23 recommendations for the agency.67 Several of these recommendations related
to increasing OPM’s capacity, modernizing OPM’s approach to human capital management,
streamlining the agency’s operations, and bolstering OPM’s leadership role in workforce planning
for the federal government. OPM issued a formal response in September 2021.68 In February
2023, the Government Accountability Office (GAO) issued a report titled Federal Workforce:
OPM Advances Efforts to Close Government-Wide Skills Gaps but Needs a Plan to Improve Its
Own Capacity,69 which suggests that OPM has skill gaps that may hinder its ability to provide
support to other executive agencies. GAO recommended that “OPM (1) establish an action plan
to address its skills gaps, and (2) document and take other actions to address the risks its skills
gaps pose to meeting its strategic objectives. OPM concurred with both recommendations.”70 As
of the time of this report’s publication, the statuses of GAO’s recommendations were designated
as “open.”71 In light of the concerns regarding OPM’s capabilities, Congress may wish to
consider if OPM is able to lead the DEIA initiatives and other human capital management
activities that are of interest to Congress.
According to OPM’s 2023 FEVS, DEIA Index scores increased slightly from 2022 to 2023 (see
Figure 3).72 The DEIA Index is designed to measure employee perceptions of agency practices

65 OPM, Data Strategy Fiscal Years 2023-2026, March 2023, https://www.opm.gov/data/data-strategy/opm-data-
strategy.pdf.
66 OPM, Government-Wide DEIA, p. 21.
67 National Academy of Public Administration, Elevating Human Capital: Reframing the U.S. Office of Personnel
Management’s Leadership Imperative, March 17, 2021, https://s3.us-west-2.amazonaws.com/napa-2021/studies/united-
states-office-of-personnel-management-independent-assessment/OPM-Final-Report-National-Academy-of-Public-
Administration.pdf.
68 OPM, Response to the National Academy of Public Administration Study Report to Congress, September 2021,
https://www.opm.gov/about-us/reports-publications/responses/opm-response-to-napa-study.pdf.
69 GAO, Federal Workforce: OPM Advances Efforts to Close Government-Wide Skills Gaps but Needs a Plan to
Improve Its Own Capacity, GAO-23-105528, February 27, 2023, https://www.gao.gov/products/gao-23-105528.
70 GAO, Federal Workforce, p. 8.
71 GAO, Federal Workforce, p. 28.
72 OPM, Federal Employee Viewpoint Survey Results: Governmentwide Management Report, p. 16,
(continued...)
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related to DEIA, with higher scores indicating more positive perceptions.73 The DEIA Index was
added to the FEVS in 2022.
Figure 3. DEIA Index Score Comparisons
FEVS 2023 Governmentwide Management Report

Source: OPM, Federal Employee Viewpoint Survey Results: Governmentwide Management Report, p. 16,
https://www.opm.gov/fevs/reports/governmentwide-reports/governmentwide-reports/governmentwide-
management-report/2023/2023-governmentwide-management-report.pdf.
Given the small number of years’ worth of data collected by the DEIA Index, it remains to be
seen if there are significant conclusions to be drawn regarding employee perception of agencies’
DEIA actions. Congress may wish to review the DEIA question set to determine if it is a
satisfactory measure of this topic moving forward.
OPM’s most recent annual report on the progress of government-wide DEIA initiatives covers
2022. OPM has not yet released a report for 2023 as of the time of this report’s publication.
Congress may wish to consider if OPM’s reporting on DEIA is prompt enough for oversight
purposes.

https://www.opm.gov/fevs/reports/governmentwide-reports/governmentwide-reports/governmentwide-management-
report/2023/2023-governmentwide-management-report.pdf.
73 See CRS Insight IN12079, The 2022 Federal Employee Viewpoint Survey (FEVS): Results and Issues for Congress,
by Taylor N. Riccard.
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Though the Biden Administration has shown interest in prioritizing DEIA in the federal
workforce, there is some debate among Members of Congress regarding the importance of DEIA
as a policy priority in general. For example, Senator Eric Schmitt introduced S. 3252, the Abolish
Government DEI Act, in November 2023 to terminate the authority of existing DEIA-related
agency offices and to prohibit agencies from carrying out any plans related to DEIA. The House
Foreign Affairs Committee’s Subcommittee on Oversight and Accountability held a hearing on
the State Department’s FY2024 budget request in June 2023.74 The hearing’s witness was the
former CDO of the State Department, Gina Abercrombie-Winstanley, who led the department’s
Office of Diversity and Inclusion. Subcommittee Chairman Brian Mast said during the hearing, “I
believe that this office has a clever name that uses strong, emotional words—‘diversity,’ ‘equity’
and ‘inclusion’—but functionally does the opposite of what American has always stood for,
which is simply, the best man [or] the best woman for the job,” while Abercrombie-Winstanley
argued that DEIA efforts are essential for healthy recruitment and retention levels at the State
Department. The House Committee on Appropriations’ report on the FY2024 Financial Services
and General Government Appropriations bill states that the committee does not support the Biden
Administration’s request to fund staff diversity and inclusion offices.75 Proponents of expanded
DEIA efforts in Congress may wish to consider legislative options to codify aspects of E.O.
14035 into law, while those in opposition may seek to limit executive agencies’ actions related to
expanding DEIA initiatives.

Author Information

Taylor N. Riccard

Analyst in Government Organization and
Management

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.

74 U.S. Congress, House Committee on Foreign Affairs, Subcommittee on Oversight and Accountability, Examining
the Fiscal Year 24 State Department Diversity Equity Inclusion and Accessibility Budget, hearings, 118th Cong., June
13, 2023.
75 U.S. Congress, House Committee on Appropriations, Financial Services and General Government Appropriations
Bill, 2024, report to accompany H.R. 4664, 118th Cong., H.Rept. 118-145, July 17, 2023, p. 3.
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