[Federal Register Volume 86, Number 172 (Thursday, September 9, 2021)]
[Presidential Documents]
[Pages 50443-50447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19579]


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  Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / 
Presidential Documents  

[[Page 50443]]


                Executive Order 14041 of September 3, 2021

                
White House Initiative on Advancing Educational 
                Equity, Excellence, and Economic Opportunity Through 
                Historically Black Colleges and Universities

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, and in order to advance equity in economic and 
                educational opportunities for all Americans, including 
                Black Americans, strengthen the capacity of 
                Historically Black Colleges and Universities (HBCUs) to 
                provide the highest-quality education, increase 
                opportunities for these institutions to participate in 
                and benefit from Federal programs, and ensure that 
                HBCUs can continue to be engines of opportunity, it is 
                hereby ordered as follows:

                Section 1. Policy. HBCUs have a proud history and 
                legacy of achievement. In the face of discrimination 
                against Black Americans by many institutions of higher 
                education, HBCUs created pathways to opportunity and 
                educational excellence for Black students throughout 
                our Nation. That legacy continues. Today, more than 100 
                HBCUs, located in 19 States, the District of Columbia, 
                and the U.S. Virgin Islands, serve nearly 300,000 
                students annually. HBCUs vary in size and academic 
                focus and serve a range of diverse students and 
                communities in urban, rural, and suburban settings.

                HBCUs play a vital role in providing educational 
                opportunities, scholarly growth, and a sense of 
                community for students. HBCU graduates are barrier-
                breaking public servants, scientists, artists, lawyers, 
                engineers, educators, business owners, and leaders. For 
                generations, HBCUs have been advancing 
                intergenerational economic mobility for Black families 
                and communities, developing vital academic research, 
                and making our country more prosperous and equitable. 
                HBCUs are proven means of advancement for people of all 
                ethnic, racial, and economic backgrounds, especially 
                Black Americans. HBCUs produce nearly 20 percent of all 
                Black college graduates and 25 percent of Black 
                graduates who earn degrees in the disciplines of 
                science, technology, engineering, and math.

                HBCUs' successes have come despite many systemic 
                barriers to accessing resources and opportunities. For 
                example, compared to other higher education 
                institutions, on average HBCUs educate a greater 
                percentage of lower-income, Pell-grant eligible 
                students, while receiving less revenue from tuition and 
                possessing much smaller endowments. Disparities in 
                resources and opportunities for HBCUs and their 
                students remain, and the COVID-19 pandemic has 
                highlighted continuing and new challenges. These 
                challenges include addressing the need for enhanced 
                physical and digital infrastructure in HBCU communities 
                and ensuring equitable funding for HBCUs as compared to 
                other institutions of higher education. The Federal 
                Government must promote a variety of modern solutions 
                for HBCUs, recognizing that HBCUs are not a monolith, 
                and that the opportunities and challenges relevant to 
                HBCUs are as diverse as the institutions themselves and 
                the communities they serve.

                It is the policy of my Administration to advance 
                educational equity, excellence, and economic 
                opportunity in partnership with HBCUs, and to ensure 
                that these vital institutions of higher learning have 
                the resources and support to continue to thrive for 
                generations to come.

[[Page 50444]]

                Sec. 2. White House Initiative on Advancing Educational 
                Equity, Excellence, and Economic Opportunity through 
                Historically Black Colleges and Universities. (a) In 
                furtherance of the policy set out in section 1 of this 
                order, there is established in the Department of 
                Education (Department), the White House Initiative on 
                Advancing Educational Equity, Excellence, and Economic 
                Opportunity through Historically Black Colleges and 
                Universities (Initiative), led by an Executive Director 
                designated by the President and appointed consistent 
                with applicable law. The Executive Director shall 
                manage the day-to-day operations of the Initiative, in 
                consultation with the Assistant to the President and 
                Director of the White House Office of Public Engagement 
                as appropriate, and coordinate with senior officials 
                across the Executive Office of the President, who shall 
                lend their expertise and advice to the Initiative.

                    (b) The Initiative, in coordination with senior 
                officials across the Executive Office of the President, 
                shall provide advice to the President on advancing 
                equity, excellence, and opportunity at HBCUs and for 
                the communities they principally serve by coordinating 
                a Government-wide policymaking effort to eliminate 
                barriers HBCUs face in providing the highest-quality 
                education to a growing number of students. The 
                Initiative's recommendations shall include advice on 
                advancing policies, programs, and initiatives that 
                further the policy set out in section 1 of this order.

(i) To support implementation of this Government-wide approach to breaking 
down systemic barriers for HBCU participation in Federal Government 
programs, the Director of the Office of Management and Budget and the 
Assistant to the President for Domestic Policy shall coordinate closely 
with the Secretary of Education (Secretary), the Assistant to the President 
and Director of the White House Office of Public Engagement, the Executive 
Director, and the Chair of the President's Board of Advisors on HBCUs (as 
established in section 3 of this order) to ensure that the needs and voices 
of HBCUs, their faculty, staff, students, alumni, and the communities they 
principally serve are considered in the efforts of my Administration to 
advance educational equity, excellence, and opportunity.

(ii) The Initiative shall also perform the following specific functions:

  (A) supporting implementation of the HBCU Propelling Agency Relationships 
Towards a New Era of Results for Students Act (Public Law 116-270) 
(PARTNERS Act);

  (B) working closely with the Executive Office of the President on key 
Administration priorities related to advancing educational equity, 
excellence, and economic opportunity through HBCUs, in partnership with 
HBCU leaders, representatives, students, and alumni;

  (C) working to break down barriers and expand pathways for HBCUs to 
access Federal funding and programs, particularly in areas of research and 
development, innovation, and financial and other support to students;

  (D) strengthening the capacity of HBCUs to participate in Federal 
programs, access Federal resources, including grants and procurement 
opportunities, and partner with Federal agencies;

  (E) advancing and coordinating efforts to ensure that HBCUs can respond 
to and recover from the COVID-19 pandemic and thoroughly support students' 
holistic recovery, from academic engagement to social and emotional 
wellbeing;

  (F) developing new and expanding pre-existing national networks of 
individuals, organizations, and communities to share and implement 
administrative and programmatic best practices related to advancing 
educational equity, excellence, and opportunity at HBCUs;

  (G) fostering sustainable public-private and philanthropic partnerships 
as well as private-sector initiatives to promote centers of academic 
research and program excellence at HBCUs;

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  (H) strengthening capacity to improve the availability, dissemination, 
and quality of information about HBCUs and HBCU students for the American 
public;

  (I) partnering with private entities, elementary and secondary education 
providers, and other stakeholders to build a pipeline for students that may 
be interested in attending HBCUs, facilitate HBCU modernization, address 
college affordability, and promote degree attainment;

  (J) addressing efforts to promote student success and retention, 
including college affordability, degree attainment, campus modernization 
and infrastructure improvements, and the development of a student 
recognition program for high-achieving HBCU students;

  (K) encouraging the development of highly qualified, diverse, culturally 
responsive educators and administrators reflective of a variety of 
communities and backgrounds in order to ensure that students have access to 
educators and administrators who celebrate, cultivate, and comprehend the 
lived experiences of HBCU students and effectively meet their learning, 
social, and emotional needs;

  (L) establishing clear plans to strengthen Federal recruitment activities 
at HBCUs to build accessible and equitable pathways into Federal service 
and talent programs;

  (M) meeting regularly with HBCU students, leaders, and representatives to 
address matters related to the Initiative's mission and functions; and

  (N) hosting the National HBCU Week Conference, for HBCU executive 
leaders, faculty, students, alumni, supporters, and other stakeholders to 
share information, innovative educational tools and resources, student 
success models, and ideas for Federal engagement.

                    (c) The head of each ``applicable agency,'' as 
                defined in section 3(1) of the PARTNERS Act, shall 
                submit to the Secretary, the Executive Director, the 
                Committee on Health, Education, Labor, and Pensions of 
                the Senate, the Committee on Education and Labor of the 
                House of Representatives, and the President's Board of 
                Advisors on HBCUs (as established in section 3 of this 
                order) an Agency Plan, not later than February 1 of 
                each year, describing efforts to strengthen the 
                capacity of HBCUs to participate or be eligible to 
                participate in the programs and initiatives under the 
                jurisdiction of such applicable agency. The Agency 
                Plans shall meet the requirements established in 
                section 4(d) of the PARTNERS Act.

(i) In addition, the Agency Plan shall specifically address any changes to 
agency policies and practices that the agency deems necessary or 
appropriate to ensure that barriers to participation are addressed and 
removed. Each Agency Plan shall include details on grant and contract 
funding provided to HBCUs and, where the agency deems necessary or 
appropriate, describe plans to address disparities in furtherance of the 
objectives of this order.

(ii) The Executive Director shall monitor and evaluate each agency's 
progress towards the goals established in its Agency Plan and shall 
coordinate with each agency to ensure that its Agency Plan includes 
measurable and action-oriented goals.

                    (d) There is established an Interagency Working 
                Group, which shall be chaired by the Executive Director 
                and composed of liaisons and representatives designated 
                by the heads of each applicable agency as defined in 
                the PARTNERS Act to help advance and coordinate the 
                work required by this order. Additional members of the 
                Interagency Working Group shall include senior 
                officials from the Office of the Vice President, the 
                White House Domestic Policy Council, the White House 
                Gender Policy Council, the Office of Management and 
                Budget, the White House Office of Science and 
                Technology Policy, the White House Office of Public 
                Engagement, and representatives of other components of 
                the Executive Office of the President, as the Executive 
                Director, in consultation with the Secretary and the 
                Assistant to the President and Director of the White 
                House Office of Public Engagement,

[[Page 50446]]

                considers appropriate. The Interagency Working Group 
                shall collaborate regarding resources and opportunities 
                available across the Federal Government to increase 
                educational equity and opportunities for HBCUs. The 
                Executive Director may establish subgroups of the 
                Interagency Working Group.
                    (e) The Department shall provide funding and 
                administrative support for the Initiative and the 
                Interagency Working Group, to the extent permitted by 
                law and within existing appropriations. To the extent 
                permitted by law, including the Economy Act (31 U.S.C. 
                1535), and subject to the availability of 
                appropriations, other agencies and offices represented 
                on the Interagency Working Group may detail personnel 
                to the Initiative, to assist the Department in meeting 
                the objectives of this order.
                    (f) To advance shared priorities and policies that 
                advance equity and economic opportunity for underserved 
                communities, the Initiative shall collaborate and 
                coordinate with other White House Initiatives related 
                to equity and economic opportunity.
                    (g) On an annual basis, the Executive Director 
                shall report to the President through the Secretary, 
                with the support and consultation of the Assistant to 
                the President and Director of the White House Office of 
                Public Engagement as appropriate, on the Initiative's 
                progress in carrying out its mission and function under 
                this order.

                Sec. 3. President's Board of Advisors on Historically 
                Black Colleges and Universities. (a) There is 
                established in the Department the President's Board of 
                Advisors on Historically Black Colleges and 
                Universities (Board). The Board shall fulfill the 
                mission and functions established in section 5(c) of 
                the PARTNERS Act. The Board shall include sitting HBCU 
                presidents as well as leaders from a variety of 
                sectors, including education, philanthropy, business, 
                finance, entrepreneurship, innovation, science and 
                technology, and private foundations.

                    (b) The President shall designate one member of the 
                Board to serve as its Chair, and may designate another 
                member of the Board to serve as Vice Chair. The 
                Department shall provide funding and administrative 
                support for the Board to the extent permitted by law 
                and within existing appropriations.
                    (c) The Board shall be composed of not more than 21 
                members appointed by the President. The Secretary of 
                Education and Executive Director of the Initiative or 
                their designees shall serve as ex officio members.
                    (d) Insofar as the Federal Advisory Committee Act, 
                as amended (5 U.S.C. App.), may apply to the Board, any 
                functions of the President under that Act, except that 
                of reporting to the Congress, shall be performed by the 
                Chair, in accordance with guidelines issued by the 
                Administrator of General Services.
                    (e) Members of the Board shall serve without 
                compensation, but may receive travel expenses, 
                including per diem in lieu of subsistence, as 
                authorized by law for persons serving intermittently in 
                the Government service (5 U.S.C. 5701-5707).

                Sec. 4. Administrative Provisions. (a) This order 
                supersedes Executive Order 13779 of February 28, 2017 
                (White House Initiative To Promote Excellence and 
                Innovation at Historically Black Colleges and 
                Universities), which is hereby revoked. To the extent 
                that there are other Executive Orders that may conflict 
                with or overlap with the provisions in this order, the 
                provisions in this order supersede those prior 
                Executive Orders on these subjects.

                    (b) As used in this order, the terms ``Historically 
                Black Colleges and Universities'' and ``HBCUs'' shall 
                mean those institutions listed in 34 C.F.R. 608.2.
                    (c) The heads of executive departments and agencies 
                shall assist and provide information to the Initiative 
                and Board established in this order, consistent with 
                applicable law, as may be necessary to carry out the 
                functions of the Initiative and the Board.

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                    (d) Each executive department and agency shall bear 
                its own expenses of participating in the Initiative 
                established in this order.

                Sec. 5. 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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    September 3, 2021.

[FR Doc. 2021-19579
Filed 9-8-21; 8:45 am]
Billing code 3295-F1-P