Editing Title IX (section)

==Historical background==

===Foundations and hearings===
[[File:EdithGreen.jpg|thumb|Rep. [[Edith Green]] of Oregon laid the foundation for Title IX.]]

Title IX was enacted as a follow-up to the passage of the [[Civil Rights Act of 1964]]. The 1964 Act was passed to end discrimination in various fields based on race, color, religion, sex, or national origin in the areas of employment and public accommodation.<ref>Section 703(a)(1), Civil Rights Act of 1964, Pub. L. No. 88-352, 78 Stat. 241, 255 (July 2, 1964).</ref><ref>{{Cite news|url=https://www.archives.gov/education/lessons/civil-rights-act|title=The Civil Rights Act of 1964 and the Equal Employment Opportunity Commission|date=August 15, 2016|work=National Archives|access-date=October 20, 2017|language=en|url-status=live|archive-url=https://web.archive.org/web/20171020043707/https://www.archives.gov/education/lessons/civil-rights-act|archive-date=October 20, 2017}}</ref> The 1964 Act did not prohibit sex discrimination against people employed at educational institutions. A parallel law, Title VI, had also been enacted in 1964 to prohibit discrimination in federally funded private and public entities. It covered race, color, and national origin but excluded sex. Feminists during the early 1970s lobbied Congress to add sex as a protected class category. Title IX was enacted to fill this gap and prohibit discrimination in all federally funded education programs. Congressman [[John Tower]] then proposed [[Tower Amendment|an amendment]] to Title IX that would have exempted "revenue-generating" sports from Title IX.<ref>{{Cite book |last=Melnick |first=R. Shep |url=https://www.jstor.org/stable/10.7864/j.ctt1vw0rgc |title=The Transformation of Title IX: Regulating Gender Equality in Education |publisher=Brookings Institution Press |year=2018 |isbn=978-0-8157-3222-8 |publication-date=2018 |page=94 |language=en |chapter=SIX Regulation in Fits and Starts, 1972–95 |jstor=10.7864/j.ctt1vw0rgc |quote=While HEW was working on its regulation, the NCAA and other football boosters came close to passing an amendment sponsored by Senator John Tower (R-Tex.) that would exempt 'revenue-generating' sports from Title IX regulation. That legislative strategy ultimately backfired. When the conference committee met to consider the education legislation to which Tower had attached his amendment, it substituted an amendment sponsored by Senator Jacob Javits (R-N.Y.) specifying that HEW's Title IX regulations 'shall include with respect to intercollegiate athletic activities reasonable provisions considering the nature of particular sports.'}}</ref>

The [[Tower Amendment]] was rejected, but it led to widespread misunderstanding of Title IX as a sports-equity law, rather than an anti-discrimination, civil rights law.<ref name="Suggs">Suggs, Welch. ''A Place on the Team.'' Princeton, NJ.: Princeton University Press, 2005.</ref> While Title&nbsp;IX is best known for its impact on high school and [[college athletics|collegiate athletics]], the original statute made no explicit mention of sports. The United States Supreme Court also issued decisions in the 1980s and 1990s, making clear that sexual harassment and assault is a form of sex discrimination. In 2011, President Barack Obama issued guidance reminding schools of their obligation to redress sexual assaults as civil rights matters under Title IX. Obama also issued guidance clarifying Title IX protections for LGBT students through [[Dear colleague letter (United States)|Dear Colleague]] letters.<ref>{{Cite web|url=https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.pdf |archive-url=https://web.archive.org/web/20101221145736/http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.pdf |archive-date=2010-12-21 |url-status=live|title=Dear Colleague Letter on Harassment and Bullying|last=Office for Civil Rights|first=U.S. Department of Education|date=October 26, 2010|website=U.S. Department of Education|access-date=October 6, 2018}}</ref><ref>{{Cite web|url=https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf|title=Dear Colleague Letter on Transgender Students|last=Office for Civil Rights|first=U.S. Department of Education|date=May 13, 2016|website=U.S. Department of Education|access-date=October 20, 2017|url-status=live|archive-url=https://web.archive.org/web/20171017204448/https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf|archive-date=October 17, 2017}}</ref><ref>{{Cite web|url=https://www.documentcloud.org/documents/4067437-Sessions-memo-reversing-gender-identity-civil.html|title=Sessions memo reversing gender identity civil rights policy|last=Savage|first=Charles|work=The New York Times|via=www.documentcloud.org|language=en|access-date=October 20, 2017|url-status=live|archive-url=https://web.archive.org/web/20171020033440/https://www.documentcloud.org/documents/4067437-Sessions-memo-reversing-gender-identity-civil.html|archive-date=October 20, 2017}}</ref><ref>{{Cite news|url=https://www.nytimes.com/2017/10/05/us/politics/transgender-civil-rights-act-justice-department-sessions.html|title=In Shift, Justice Dept. Says Law Doesn't Bar Transgender Discrimination|last=Savage|first=Charlie|date=October 5, 2017|work=The New York Times|access-date=October 20, 2017|language=en-US|issn=0362-4331|url-status=live|archive-url=https://web.archive.org/web/20171019163235/https://www.nytimes.com/2017/10/05/us/politics/transgender-civil-rights-act-justice-department-sessions.html|archive-date=October 19, 2017}}</ref>

The precursor to Title IX was an executive order, issued in 1967 by President [[Lyndon Johnson]], forbidding discrimination in federal contracts. Before these orders were issued, the [[National Organization for Women]] (NOW) had persuaded him to include the addition of women.<ref name="Suggs" /> [[Executive Order 11375]] required all entities receiving federal contracts to end discrimination on the basis of sex in hiring and employment.<ref>{{Cite web|url=http://www.presidency.ucsb.edu/ws/?pid=60553|title=Lyndon B. Johnson: Executive Order 11375—Amending Executive Order No. 11246, Relating to Equal Employment Opportunity|website=www.presidency.ucsb.edu|access-date=October 20, 2017|url-status=live|archive-url=https://web.archive.org/web/20171021004030/http://www.presidency.ucsb.edu/ws/?pid=60553|archive-date=October 21, 2017}}</ref> In 1969, a notable example of its success was [[Bernice Sandler]], who used the executive order to retain her job and tenure at the [[University of Maryland]].<ref name="Valentin">Valentin, Iram. [http://www2.edc.org/WomensEquity/pdffiles/t9digest.pdf "Title&nbsp;IX: A Brief History."] {{webarchive|url=https://web.archive.org/web/20150921141808/http://www2.edc.org/WomensEquity/pdffiles/t9digest.pdf |date=September 21, 2015 }} Women's Equity Resource Center. August 1997.</ref> She used university statistics to show how female employment at the university had plummeted as qualified women were replaced by men.<ref name="Suggs" /> Sandler then brought her complaints to the [[United States Department of Labor|Department of Labor]]'s [[Office of Federal Contract Compliance Programs|Office for Federal Fair Contracts Compliance]], where she was encouraged to file a formal complaint; later citing inequalities in pay, rank, and admissions, among others.<ref>{{Cite web |last=Fitzgerald |first=Sara |date=2013 |title=Document 4: "'Too Strong for a Woman'--The Five Words that Created Title IX," Spring 1997 {{!}} Alexander Street Documents |url=https://documents.alexanderstreet.com/d/1005577060 |archive-url=https://web.archive.org/web/20240106021847/https://documents.alexanderstreet.com/d/1005577060 |archive-date=2024-01-06 |access-date=2024-01-06 |website=documents.alexanderstreet.com |language=en}}</ref><ref>{{Cite web |date=January 10, 2019 |title=How Bernice Sandler, 'Godmother Of Title IX,' Achieved Landmark Discrimination Ban |url=https://www.cpr.org/2019/01/10/how-bernice-sandler-godmother-of-title-ix-achieved-landmark-discrimination-ban/ |archive-url=https://web.archive.org/web/20240106022210/https://www.cpr.org/2019/01/10/how-bernice-sandler-godmother-of-title-ix-achieved-landmark-discrimination-ban/ |archive-date=2024-01-06 |access-date=2024-01-06 |website=Colorado Public Radio |language=en}}</ref>

Sandler soon began to file complaints against the University of Maryland and other colleges while working with NOW and the [[Women's Equity Action League]] (WEAL). Sandler later filed 269 complaints against colleges and universities, which led to the events of 1970.<ref name="Suggs" /> In 1970, Sandler joined U.S. House Representative [[Edith Green]]'s [[United States House Education Subcommittee on Higher Education and Workforce Training|Subcommittee on Higher Education]] of the [[United States House Committee on Education and the Workforce|Education and Labor Committee]], and observed corresponding congressional hearings relating to women's issues on employment and equal opportunity. In these hearings, Green and Sandler initially proposed the idea of Title&nbsp;IX.<ref>{{cite news |last1=Wentworth |first1=Eric |title=Women Seek Equality in Universities |url=https://media.proquest.com/media/pq/hnp/doc/159228632/fmt/ai/rep/NONE?cit%3Aauth=By+Eric+Wentworth%3BWashington+Post+Staff+Writer&cit%3Atitle=Women+Seek+Equality+in+Universities%3A+%27Vicious+Pattern%27+Seen&cit%3Apub=The+Washington+Post%2C+Times+Herald+%281959-1973%29&cit%3Avol=&cit%3Aiss=&cit%3Apg=A15&cit%3Adate=Jun+22%2C+1970&ic=true&cit%3Aprod=ProQuest+Historical+Newspapers%3A+The+Washington+Post&_a=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&_s=18PtQlEf5qGZ72TwbtG4TBjzX%2BU%3D |access-date=20 June 2022 |work=The Washington Post And Times-Herald |date=22 June 1970|via=ProQuest }}</ref> An early legislative draft aimed at amending the [[Civil Rights Act of 1964]] was then authored by Representative Green.<ref>{{cite news |title=Panel rewriting bill on sex bias |url=https://www.proquest.com/ |access-date=20 June 2022 |work=Afro-American |agency=UPI |date=11 July 1970|via=ProQuest }}</ref> At the hearing, there were mentions of athletics. The idea behind the draft was a progressive one in instituting an affirmative action for women in all aspects of American education.<ref name="Suggs" />

===Steps from a draft to legislative act to public law===
[[File:Birch bayh.jpg|thumb|Senator [[Birch Bayh]] of Indiana]]
Title IX was formally introduced in Congress by Senator [[Birch Bayh]] of Indiana in 1971, who then was its chief Senate sponsor for congressional debate. At the time, Bayh was working on numerous constitutional issues related to women's employment and sex discrimination—including, but not limited to, the revised draft of the [[Equal Rights Amendment]]. The ERA attempted to build "a powerful constitutional base from which to move forward in abolishing discriminatory differential treatment based on sex".<ref name="Bayh">Cruikshank, Kate. ''[http://www.libraries.iub.edu/index.php?pageId=8621 The Art of Leadership; A Companion to an Exhibition from the Senatorial Papers of Birch Bayh] {{webarchive|url=https://web.archive.org/web/20121228194809/http://www.libraries.iub.edu/index.php?pageId=8621 |date=December 28, 2012 }}''. (Indiana University Libraries, 2007), p. 43.</ref> As Bayh was having partisan difficulty in later getting the ERA Amendment out of committee, the [[Higher Education Act of 1965]] was on the Senate Floor for re-authorization; and on February 28, 1972, Bayh re-introduced a provision found in the original/revised ERA bill as an amendment which would become Title IX.<ref name="SenateIntro">118 Cong. Record 5802-3 (1972).</ref> In his remarks on the Senate Floor, Bayh stated, "we are all familiar with the stereotype [that] women [are] pretty things who go to college to find a husband, [and who] go on to [[graduate school]] because they want a more interesting husband, and finally marry, have children, and never work again. The desire of many schools not to waste a 'man's place' on a woman stems from such stereotyped notions. But the facts contradict these myths about the 'weaker sex' and it is time to change our operating assumptions."<ref name="SenateSpeech">118 Cong. Record 5804 (1972).</ref> He continued: "While the impact of this amendment would be far-reaching, it is not a panacea. It is, however, an important first step in the effort to provide for the women of America something that is rightfully theirs—an equal chance to attend the schools of their choice, to develop the skills they want, and to apply those skills with the knowledge that they will have a fair chance to secure the jobs of their choice with equal pay for equal work".<ref name="SenateSpeech2">118 Cong. Record 5808 (1972).</ref> Title&nbsp;IX became public law on June 23, 1972.<ref name="now">[http://www.now.org/issues/title_ix/history.html "Legislative History of Title&nbsp;IX"] {{webarchive|url=https://web.archive.org/web/20100624070911/http://www.now.org/issues/title_ix/history.html |date=June 24, 2010 }} National Organization for Women. June 27, 2007.</ref><ref>{{cite web|publisher=The United States Department of Justice|title=Title IX of the Education Amendments of 1972|url=https://www.justice.gov/crt/about/cor/coord/titleix.php|access-date=November 12, 2013|url-status=live|archive-url=https://web.archive.org/web/20131104121104/http://www.justice.gov/crt/about/cor/coord/titleix.php|archive-date=November 4, 2013}}</ref> When U.S. President Nixon signed the bill, he spoke mostly about [[desegregation busing]], and did not mention the expansion of educational access for women he had enacted.<ref name="Bayh" /><ref>{{cite web |url= https://www.presidency.ucsb.edu/documents/statement-signing-the-education-amendments-1972 | author = Richard Nixon|title= Statement on Signing the Education Amendments of 1972 | date = June 23, 1972 |editor1 = Peters, Gerhard | editor2 =Woolley, John T |publisher = University of California – Santa Barbara |work= The American Presidency Project}}</ref>

===Implementation===
[[File:Ted Stevens 1973 full (cropped).jpg|thumb|Senator [[Ted Stevens]] of Alaska, the "Father of Title IX"]]
Each institution or organization that receives federal funding must designate at least one employee as Title IX coordinator. Their duty is to oversee that Title IX is not being violated and to answer all questions pertaining to Title IX. Everyone must have access to the Title IX coordinator's name, address, and telephone number. To ensure compliance with Title IX, programs of both males and females must display no discrimination. This applies to opportunities for athletic participation (in proportion to enrollment numbers), scholarships, and how athletes are treated (e.g., equitable locker room facilities, etc.).<ref>{{Cite web |title=Title IX Frequently Asked Questions |url=https://www.ncaa.org/sports/2014/1/27/title-ix-frequently-asked-questions.aspx |archive-url=https://web.archive.org/web/20240106022707/https://www.ncaa.org/sports/2014/1/27/title-ix-frequently-asked-questions.aspx |archive-date=2024-01-06 |access-date=2024-01-06 |website=NCAA.org |language=en}}</ref>
[[File:BirchWorkout.jpg|thumb|Senator [[Birch Bayh|Bayh]] exercises with Title IX athletes at [[Purdue University]] in the 1970s.]]
Title IX's statutory language is brief. U.S. President Nixon therefore directed the [[United States Department of Health and Human Services|Department of Health, Education and Welfare]] (HEW) to publish regulations clarifying the law's application.<ref name="Suggs"/> In 1974, U.S. Senator [[John Tower]] introduced the [[Tower Amendment]] which would have exempted revenue-producing sports from Title&nbsp;IX compliance.<ref name="cases">[http://bailiwick.lib.uiowa.edu/ge/historyRE.html "Landmark Title&nbsp;IX Cases in History"] {{webarchive|url=http://archive.wikiwix.com/cache/20110914080142/http://bailiwick.lib.uiowa.edu/ge/historyRE.html |date=September 14, 2011 }} Gender Equity in Sport. February 23, 2006.</ref> Later that year, Congress rejected the Tower Amendment and passed an amendment proposed by U.S. Senator [[Jacob Javits]] directing HEW to include "reasonable provisions considering the nature of particular sports" adopted in its place.<ref name="Suggs" /> In June 1975, HEW published the final regulations detailing how Title&nbsp;IX would be enforced.<ref name="Suggs" />  These regulations were codified in the [[Federal Register]] in the [[Code of Federal Regulations]] [[Title 34 of the Code of Federal Regulations|Volume 34]], Part 106 ({{USCFR|34|106}}). Since 1975, the federal government has issued guidance clarifying how it interprets and enforces those regulations.<ref>{{Cite web|url=https://www2.ed.gov/about/offices/list/ocr/frontpage/faq/rr/policyguidance/sex.html|title=Reading Room: Sex Discrimination Policy|last=Office for Civil Rights|first=U.S. Department of Education|website=U.S. Department of Education|access-date=October 6, 2018}}</ref>

===Further legislation===
[[File:Patsy Mink 1994 portrait (cropped).tif|thumb|Representative [[Patsy Mink]] of Hawaii, Title IX co-author, for whom the law was renamed in 2002]]
The Civil Rights Restoration Act of 1988 is tied to Title IX which was passed in response to the U.S. Supreme Court's 1984 ruling ''[[Grove City College v. Bell]].''<ref name="oyez">[http://oyez.org/cases/1980-1989/1983/1983_82_792 "The Oyez Project, Grove City College v. Bell"] {{webarchive|url=https://web.archive.org/web/20150905170922/http://www.oyez.org/cases/1980-1989/1983/1983_82_792 |date=September 5, 2015 }}, 465 U.S. 555 (1984)</ref> The Court held that Title&nbsp;IX applied only to those programs receiving direct federal aid.<ref name="EB">[http://www.britannica.com/EBchecked/topic/597287/Title-IX "Title&nbsp;IX."] {{webarchive|url=https://web.archive.org/web/20150604031040/http://www.britannica.com/EBchecked/topic/597287/Title-IX |date=June 4, 2015 }} ''Encyclopædia Britannica''. 2009. Encyclopædia Britannica Online. November 19, 2009</ref> This case was initially reached by the Supreme Court when [[Grove City College]] disagreed with the Department of Education's assertion that it was required to comply with Title&nbsp;IX. Grove City College was not a federally funded institution; however, they did accept students who were receiving [[Basic Educational Opportunity Grant]]s through a Department of Education program.<ref name="oyez"/> The Department of Education's stance was that because some of its students were receiving federal grants, the school was thus receiving federal assistance and Title&nbsp; IX applied to it. The Court decided that since Grove City College was only receiving federal funding through the grant program that only this program had to comply. This ruling was a major victory for those opposed to Title IX as it then made many athletic programs outside the purview of Title&nbsp;IX, and thus reduced its scope.<ref name="Suggs"/>

Grove City's court victory, however, was short-lived. The Civil Rights Restoration Act passed in 1988, which extended Title&nbsp;IX coverage to all programs of any educational institution that receives ''any'' federal assistance, both direct and indirect.<ref name="now" /> In 1994, the Equity in Athletics Disclosure Act, sponsored by Congresswoman [[Cardiss Collins]] required that federally-assisted educational institutions disclose information on roster sizes for men's and women's athletic teams; as well as budgets for recruiting, scholarships, coaches' salaries, and other expenses, annually.<ref name="cases" /> In 1992, the Supreme Court decided monetary relief was available under Title IX in the case [[Franklin v. Gwinnett County Public Schools]].<ref>{{Cite web|url=https://www.oyez.org/cases/1991/90-918|title=Franklin v. Gwinnett County Public Schools|website=Oyez|language=en|access-date=December 9, 2019}}</ref> In October 2002, less than a month after the death of U.S. Rep. Patsy Mink, the U.S. Congress passed a resolution to rename Title IX the "Patsy Takemoto Mink Equal Opportunity in Education Act", which President George W. Bush signed into law.<ref>{{cite news|title=Bush signs resolution honoring Patsy Mink|url=http://the.honoluluadvertiser.com/article/2002/Oct/31/ln/ln41a.html|access-date=May 20, 2013|newspaper=Honolulu Advertiser|date=October 31, 2002|url-status=live|archive-url=https://web.archive.org/web/20131018064617/http://the.honoluluadvertiser.com/article/2002/Oct/31/ln/ln41a.html|archive-date=October 18, 2013}}</ref> On November 24, 2006, Title&nbsp;IX regulations were amended to provide greater flexibility in the operation of single-sex classes or extracurricular activities at the primary or secondary school level; this was largely to introduce federal abstinence-only programs, which may have been a partial basis for the support of President Bush.<ref>{{cite journal |url=http://www.ed.gov/legislation/FedRegister/finrule/2006-4/102506a.html |title=Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance |journal=Federal Register |volume=71 |number=206 |date=October 25, 2006 |access-date=June 24, 2012 |url-status=dead |archive-url=https://web.archive.org/web/20120620084108/http://www2.ed.gov/legislation/FedRegister/finrule/2006-4/102506a.html |archive-date=June 20, 2012 }}</ref>

On May 15, 2020, the Department of Education issued a letter stating that the policy of the state of [[Connecticut]] which allows transgender girls to compete in high school sports as girls was a violation of the civil rights of female student-athletes and a violation of Title IX.{{Clarify|reason=This paragraph contradicts itself. Were trans girls allowed to participate as girls or not?|date=May 2025}} It stated that Connecticut's policy "denied female student-athletes athletic benefits and opportunities, including advancing to the finals in events, higher-level competitions, awards, medals, recognition, and the possibility of greater visibility to colleges and other benefits."<ref>{{cite news |title=Policy allowing transgender athletes to compete as girls found to violate US law |url=https://www.theguardian.com/sport/2020/may/28/connecticut-transgender-federal-civil-rights-lawsuit |access-date=June 8, 2020 |work=The Guardian |agency=Associated Press |date=May 28, 2020}}</ref>

On March 8, 2021, President [[Joe Biden]] issued Executive Order 14021 entitled "Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity", reversing changes made by the [[First presidency of Donald Trump|first Trump administration]] to limit the scope of Title IX to sex only, excluding gender identity and sexual orientation. The executive order also provided a timeline for the [[United States Secretary of Education|Secretary of Education]] and [[United States Attorney General|Attorney General]] to "review all existing regulations, orders, guidance documents, policies, and any other similar agency actions (collectively, agency actions) that are or may be inconsistent with the policy set forth" in the order.<ref>{{Cite web |date=2021-03-08 |title=Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity |url=https://bidenwhitehouse.archives.gov/briefing-room/presidential-actions/2021/03/08/executive-order-on-guaranteeing-an-educational-environment-free-from-discrimination-on-the-basis-of-sex-including-sexual-orientation-or-gender-identity/ |access-date=2022-04-20 |website=The White House |language=en-US|archive-url=https://web.archive.org/web/20220413045208/https://www.whitehouse.gov/briefing-room/presidential-actions/2021/03/08/executive-order-on-guaranteeing-an-educational-environment-free-from-discrimination-on-the-basis-of-sex-including-sexual-orientation-or-gender-identity/|archive-date=April 13, 2022|url-status=live}}</ref>

On June 16, 2021, the U.S. Department of Education's [[Office for Civil Rights]] issued a Notice of Interpretation explaining that it will "enforce Title IX's prohibition on discrimination on the basis of sex to include: (1) discrimination based on sexual orientation; and (2) discrimination based on gender identity."<ref>{{Cite web |title=U.S. Department of Education Confirms Title IX Protects Students from Discrimination Based on Sexual Orientation and Gender Identity {{!}} U.S. Department of Education |url=https://www.ed.gov/news/press-releases/us-department-education-confirms-title-ix-protects-students-discrimination-based-sexual-orientation-and-gender-identity |access-date=2022-04-20 |website=www.ed.gov|date=June 16, 2021|archive-url=https://web.archive.org/web/20220413095512/https://www.ed.gov/news/press-releases/us-department-education-confirms-title-ix-protects-students-discrimination-based-sexual-orientation-and-gender-identity|archive-date=April 13, 2022|url-status=live}}</ref><ref>{{Cite web|url=https://www2.ed.gov/about/offices/list/ocr/docs/202106-titleix-noi.pdf|title=Federal Register Notice of Interpretation: Enforcement of Title IX of the Education Amendments of 1972 with Respect to Discrimination Based on Sexual Orientation and Gender Identity in Light of Bostock v. Clayton County|website=www2.ed.gov|publisher=[[United States Department of Education]]|access-date=April 20, 2022|archive-url=https://web.archive.org/web/20220406135319/https://www2.ed.gov/about/offices/list/ocr/docs/202106-titleix-noi.pdf|archive-date=April 6, 2022|url-status=live}}</ref> The review set out in Executive Order 14021 is still ongoing as of April 2022.