[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Presidential Documents]
[Pages 57313-57318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22588]


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  Federal Register / Vol. 86 , No. 196 / Thursday, October 14, 2021 / 
Presidential Documents  

[[Page 57313]]


                Executive Order 14049 of October 11, 2021

                
White House Initiative on Advancing Educational 
                Equity, Excellence, and Economic Opportunity for Native 
                Americans and Strengthening Tribal Colleges and 
                Universities

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Policy. The United States has a unique 
                political and legal relationship with federally 
                recognized Tribal Nations, as set forth in the 
                Constitution of the United States, statutes, treaties, 
                Executive Orders, and court decisions. The Federal 
                Government is committed to protecting the rights and 
                ensuring the well-being of Tribal Nations while 
                respecting Tribal sovereignty and inherent rights of 
                self-determination. In recognition of that commitment 
                and to fulfill the solemn obligations it entails, 
                executive departments and agencies (agencies) must help 
                advance educational equity, excellence, and economic 
                opportunity for Native American students, whether they 
                attend public schools in urban, suburban, or rural 
                communities; are homeschooled; attend primary and 
                secondary schools operated or funded by the Bureau of 
                Indian Education (BIE) of the Department of the 
                Interior; or attend postsecondary educational 
                institutions, including Tribal Colleges and 
                Universities (TCUs).

                For more than a century, the United States imposed 
                educational policies designed to assimilate Native 
                peoples into predominant United States culture that 
                devastated Native American students and their families. 
                Beginning with the Indian Civilization Act of 1819, the 
                United States enacted laws and implemented policies 
                establishing and supporting Indian boarding schools 
                across the Nation. From 1871 onward, federally run 
                Indian boarding schools were used to culturally 
                assimilate Native American children who were forcibly 
                removed from their families and communities and 
                relocated to distant residential facilities where their 
                Native identities, languages, traditions, and beliefs 
                were forcibly suppressed. The conditions in these 
                schools were usually harsh, and sometimes abusive and 
                deadly. Although these policies have ended, their 
                effects and resulting trauma reverberate in Native 
                American communities even today, creating specific 
                challenges that merit Federal attention and response.

                During the global COVID-19 pandemic, Tribal Nations 
                raced to protect Tribal members and their way of life. 
                Tribal elders are often the keepers of Tribal culture 
                and are critical for the preservation of Native 
                languages, as the vitality of Native culture is 
                inseparably tied to Native languages. Accordingly, my 
                Administration is committed to supporting preservation 
                and revitalization of Native languages. This includes 
                honoring the vibrancy, importance, and strength of 
                Native languages and the traditions, values, and 
                cultural practices that accompany them.

                In addition, the COVID-19 pandemic has amplified long-
                standing educational inequities that disproportionally 
                affect Native American communities and burden Native 
                American students. In particular, Native American 
                children face significant learning disruption as the 
                digital divide and lack of educational resources put 
                remote learning out of reach for too many. Native 
                American students experienced the greatest decline in 
                undergraduate enrollment in higher education from 2020 
                to 2021 compared to other student groups. These 
                inequities compound the effects of other disparities 
                faced by Native American women and girls in particular. 
                The spike in gender-

[[Page 57314]]

                based violence during the COVID-19 pandemic has 
                intensified safety concerns for Native American women 
                and girls, who were already victimized at higher rates 
                than other women in the United States.

                The Federal Government must put strong focus on early 
                childhood and K-12 educational opportunities. These are 
                important to developing and strengthening Native 
                American communities, and they set the stage for 
                educational advancement and career development, 
                including opportunities to attend TCUs.

                TCUs also merit focused attention, as these 
                institutions are integral and essential to Tribal 
                communities. Their foundation, tradition, and mission 
                are unique, and their cultural grounding is invaluable 
                to providing high-quality education and successful 
                outcomes for Native American students. TCUs fulfill a 
                vital role in maintaining and preserving irreplaceable 
                Native languages and cultural traditions; in promoting 
                excellence in Native American education from early 
                childhood through primary and secondary education, into 
                postsecondary education, and throughout graduates' 
                careers; in offering an entry point for a career in 
                academia, strong technical and trade school 
                opportunities, job training, and other career-building 
                programs to Native Americans; and in supporting Tribal 
                economic development efforts by building and 
                strengthening a highly skilled Native American 
                workforce. Often, they are the only postsecondary 
                institutions within some of our Nation's most 
                economically disadvantaged and rural areas. As a 
                result, TCUs provide crucial employment opportunities 
                and services in communities that continue to suffer 
                high rates of unemployment and resulting social and 
                economic distress. The Federal Government therefore 
                reaffirms and strengthens our commitment to Native 
                American communities by investing in TCUs to support 
                their continued growth and success.

                It is the policy of my Administration to advance 
                equity, excellence, and justice in our Nation's 
                education system and to further Tribal self-governance, 
                including by supporting activities that expand 
                educational opportunities and improve educational 
                outcomes for all Native American students. My 
                Administration will help expand opportunities for 
                Native American students to learn their Native 
                languages, histories, and cultural practices; promote 
                indigenous learning through the use of traditional 
                ecological knowledge; and enhance access to complete 
                and competitive educations that prepare Native American 
                students for college, careers, and productive and 
                satisfying lives. This includes supporting educational 
                opportunities for students attending TCUs, given the 
                unique advantages those institutions provide. My 
                Administration is further committed to ensuring all 
                Native American students have the ability to pursue 
                careers that provide economic security for themselves 
                and their families, including Native American women, 
                who currently, on average, earn just 60 cents to every 
                dollar earned by White men. To these ends, my 
                Administration will collaborate with Tribal Nations to 
                collect better data on educational attainment gaps 
                faced by Native American students to help deepen 
                understanding of these gaps, including barriers to 
                workforce participation, and inform solutions.

                Sec. 2. White House Initiative on Advancing Educational 
                Equity, Excellence, and Economic Opportunity for Native 
                Americans and Strengthening Tribal Colleges and 
                Universities. (a) To advance equity in our Nation's 
                schools, to promote the economic opportunity that 
                follows it, and to fulfill our commitment to furthering 
                Tribal sovereignty, there is established in the 
                Department of Education the White House Initiative on 
                Advancing Educational Equity, Excellence, and Economic 
                Opportunity for Native Americans and Strengthening 
                Tribal Colleges and Universities (Initiative), of which 
                the Secretary of Education, the Secretary of the 
                Interior, and the Secretary of Labor shall serve as Co-
                Chairs. The Secretary of Education shall, in 
                consultation with the other Co-Chairs of the 
                Initiative, designate an Executive Director for the 
                Initiative (Executive Director). The Executive Director 
                shall co-chair the Education Committee of the White 
                House Council on Native

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                American Affairs (WHCNAA), established by Executive 
                Order 13647 of June 26, 2013 (Establishing the White 
                House Council on Native American Affairs).

                    (b) The Initiative shall consult and collaborate 
                with Tribal Nations; Alaska Native Entities; TCUs; and 
                State, Tribal, and local educational departments and 
                agencies to advance educational equity, excellence, and 
                economic opportunity for Native Americans by focusing 
                on the following policy goals:

(i) increasing the understanding of systemic causes of educational 
challenges faced by Native American students and working across agencies to 
address those challenges;

(ii) supporting and improving data collection related to Native American 
students and the implementation of evidence-based strategies to increase 
the participation and success of Native American students in all levels of 
education and prepare them for careers and civic engagement;

(iii) increasing the percentage of Native American children and families 
who participate in high-quality early childhood programs and services that 
promote healthy development and learning, prepare Native American children 
for success in school, and affirm the cultural and linguistic identity of 
Native American children;

(iv) ensuring that all Native American students have access to excellent 
teachers, school leaders, and other professionals, including by supporting 
efforts to improve the recruitment, preparation, development, and retention 
of qualified, diverse teachers, school leaders, and other professionals who 
understand Native American students' lived experiences and can effectively 
meet their students' academic, social, and emotional needs, particularly in 
partnership with TCUs;

(v) breaking down barriers that impede the access of higher education 
institutions that serve Native American students, such as TCUs, to Federal 
funding, and strengthening the capacity of those institutions to 
participate in Federal programs and partnerships;

(vi) ensuring that the unique indigenous, cultural, educational, 
traditional ecological knowledge, and Native language needs of Native 
American students are met;

(vii) exploring policies to expand and support career and technical 
education, job training, and other career-building programs for Native 
American students and workers; and

(viii) furthering Tribal sovereignty by supporting efforts to build the 
capacity of Tribal educational agencies and TCUs to provide high-quality 
education services to Native American students.

                    (c) In working to fulfill its mission and 
                objectives, the Initiative shall, consistent with 
                applicable law:

(i) engage in regular, meaningful, and robust consultation with Tribal 
Nations regarding Native American education and related issues, in 
accordance with the Presidential Memorandum of January 26, 2021 (Tribal 
Consultation and Strengthening Nation-to-Nation Relationships);

(ii) identify and promote evidence-based best practices that can provide 
Native American students with a rigorous and well-rounded education in safe 
and healthy environments, as well as access to support services, that will 
improve their educational, professional, economic, and civic opportunities;

(iii) advance and coordinate efforts to ensure equitable opportunities for 
Native American students in the wake of the COVID-19 pandemic, including 
recovering learning losses and addressing other challenges--academic, 
financial, social, emotional, mental health, or career development--brought 
on or exacerbated by the COVID-19 pandemic;

(iv) encourage and develop Federal partnerships with public, private, 
philanthropic, and nonprofit entities to improve access to educational 
equity, excellence, and economic opportunity for Native Americans;

[[Page 57316]]

(v) monitor and support the development, implementation, and coordination 
of Federal Government educational, workforce, research, and business 
development policies, programs, and technical assistance designed to 
improve outcomes for Native Americans;

(vi) create opportunities for strategic partnerships among agencies and 
work closely with the Executive Office of the President on key 
Administration priorities related to Native Americans;

(vii) serve as a liaison with other agencies on Native American issues, 
advise those agencies on how they might help to promote Native American 
educational opportunities, and track their success in doing so; and

(viii) advise the Co-Chairs of the Initiative on issues of importance and 
policies relating to educational equity, excellence, and economic 
opportunity for Native American students.

                    (d) To facilitate partnership among agencies to 
                advance educational equity, excellence, and economic 
                opportunity for Native American students, the Executive 
                Director shall work with the Director of the BIE, the 
                Commissioner of the Administration for Native Americans 
                (ANA) of the Department of Health and Human Services, 
                and the Director of the Indian Health Service (IHS) of 
                the Department of Health and Human Services to develop 
                a separate Memorandum of Agreement (MOA) between the 
                Initiative and each of these entities that will take 
                advantage of each agency's expertise, resources, and 
                facilities. Each MOA shall be completed within 180 days 
                of the date of this order, and each shall address how 
                the BIE, ANA, and IHS, respectively, will collaborate 
                with the Initiative in carrying out the policy set 
                forth in section 1 of this order, as appropriate and 
                consistent with applicable law.
                    (e) Each agency with representation on the WHCNAA 
                Education Committee shall prepare a plan (Agency Plan) 
                outlining measurable actions the agency will take to 
                advance educational equity, excellence, and economic 
                opportunity for Native American communities, including 
                the agency's plans to implement the policy goals and 
                directives outlined in subsection (b) of this section, 
                and other relevant work, in consultation with the 
                Executive Director. These Agency Plans shall be 
                submitted to the Co-Chairs of the Initiative on a date 
                the Co-Chairs shall establish.

(i) Each agency with representation on the WHCNAA Education Committee shall 
assess and report to the Co-Chairs of the Initiative on a regular basis, as 
established by the Co-Chairs of the Initiative, regarding its progress in 
implementing its Agency Plan.

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

                    (f) The Department of Education shall provide 
                funding and administrative support for the Initiative, 
                to the extent permitted by law and subject to the 
                availability of appropriations.
                    (g) To further shared priorities and policies that 
                advance educational equity, excellence, and economic 
                opportunity for underserved communities, the Initiative 
                shall collaborate and coordinate with other White House 
                initiatives related to educational equity, excellence, 
                and economic opportunity.
                    (h) The Initiative shall collaborate, as 
                appropriate and consistent with applicable law, with 
                other organizations and entities, including: Urban 
                Indian Organizations; governing bodies of Tribal 
                Nations on Federal and State reservations; State-
                recognized Tribes; Native Hawaiian and Native American 
                Pacific Islander organizations; and other Native 
                American groups that seek to advance educational 
                equity, excellence, and economic opportunity for Native 
                American students, families, and communities in the 
                United States.

(i) No later than 1 year after the date of this order and annually 
thereafter, the Co-Chairs of the Initiative shall report to the President 
on the Initiative's progress in carrying out its mission and objectives 
under this order.

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                Sec. 3. National Advisory Council. The Department of 
                Education's National Advisory Council on Indian 
                Education (NACIE), comprised of members appointed by 
                the President under section 6141 of the Elementary and 
                Secondary Education Act of 1965 (ESEA), 20 U.S.C. 7471, 
                shall serve as the advisory council for the Initiative 
                and shall report to the Initiative, through and as 
                requested by the Executive Director. To the extent 
                appropriate and consistent with applicable law, the 
                NACIE shall include members from across the education 
                spectrum, including members who can provide specific 
                expertise on issues concerning TCUs and other Native 
                American-serving institutions, K-12 and early childhood 
                education, special education, and vocational education.

                    (a) In addition to and consistent with the duties 
                set forth in section 6141(b)(1) of the ESEA, the NACIE 
                shall, in consultation with the Initiative, advise the 
                Co-Chairs of the Initiative on:

(i) what is needed for the development, implementation, and coordination of 
educational programs and initiatives to improve educational opportunities 
and outcomes for Native Americans;

(ii) how to promote career pathways for in-demand jobs for Native American 
students, including registered apprenticeships as well as internships, 
fellowships, mentorships, and work-based learning initiatives;

(iii) ways to strengthen TCUs and increase their participation in agency 
programs;

(iv) how to increase public awareness of and generate solutions for the 
educational and training challenges and equity disparities that Native 
American students face and the causes of these challenges and disparities;

(v) approaches to establish local and national partnerships with public, 
private, philanthropic, and nonprofit stakeholders to advance the policy 
set forth in section 1 of this order, consistent with applicable law; and

(vi) actions for promoting, improving, and expanding educational 
opportunities for Native languages, traditions, and practices to be 
sustained through culturally responsive education.

                    (b) The NACIE and the Executive Director shall, as 
                appropriate and consistent with applicable law, 
                facilitate frequent collaborations between the 
                Initiative and Tribal Nations, Alaska Native Entities, 
                and other Tribal organizations.
                    (c) The Executive Director shall, in consultation 
                with the NACIE, address the NACIE's efforts pursuant to 
                subsection (a) of this section in the annual report of 
                the Initiative submitted to the President.
                    (d) The Department of Education shall provide staff 
                support for the NACIE.

                Sec. 4. Administrative Provisions. (a) In carrying out 
                this order, the Secretary of the Interior, the 
                Secretary of Labor, and the Secretary of Education 
                shall study, collect information, and publish reports 
                on the education of Native American students.

                    (b) This order supersedes Executive Order 13592 of 
                December 2, 2011 (Improving American Indian and Alaska 
                Native Educational Opportunities and Strengthening 
                Tribal Colleges and Universities), which is 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 shall 
                supersede those other Executive Orders on these 
                subjects.
                    (c) The heads of agencies shall assist and provide 
                information to the Initiative, consistent with 
                applicable law, as may be necessary to carry out the 
                functions of the Initiative.
                    (d) Each agency shall bear its own expenses of 
                participating in the Initiative.

                Sec. 5. Definitions. For the purposes of this order:

                    (a) ``Tribal Nation'' means an American Indian or 
                Alaska Native tribe, band, nation, pueblo, village, or 
                community that the Secretary of the Interior 
                acknowledges as a federally recognized tribe pursuant 
                to the Federally Recognized Indian Tribe List Act of 
                1994, 25 U.S.C. 5130, 5131.

[[Page 57318]]

                    (b) ``Alaska Native Entities'' includes ``Alaska 
                Native Corporations,'' which refer to village and 
                regional Alaska Native corporations organized in 
                accordance with the Alaska Native Claims Settlement Act 
                (ANCSA), as amended, 43 U.S.C. 1601, et seq., and the 
                12 regional nonprofit associations identified under 
                section 7 of ANCSA, 43 U.S.C. 1606, that provide many 
                social services for Alaska Natives, including those 
                related to education.
                    (c) ``Native American'' and ``Native'' mean members 
                of one or more Tribal Nations.
                    (d) ``Public school'' means a Head Start center or 
                a prekindergarten, elementary, or secondary school that 
                is predominantly funded through the Federal Government, 
                a State, a local educational agency, a Tribal Nation 
                government, or an Alaska Native Entity, including a 
                school operated directly by, through a contract with, 
                or a grant from the BIE, a Tribal Nation, or a State, 
                county, or local government.
                    (e) ``Tribal Colleges and Universities'' means 
                those institutions that are chartered under the 
                sovereign authority of their respective Tribal Nation 
                or by the Federal Government and that: qualify for 
                funding under the Tribally Controlled Colleges and 
                Universities Assistance Act of 1978, 25 U.S.C. 1801, et 
                seq., or the Navajo Community College Assistance Act of 
                1978, 25 U.S.C. 640a note; or are listed in section 532 
                of the Equity in Educational Land-Grant Status Act of 
                1994, 7 U.S.C. 301 note.

                Sec. 6. 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,

                    October 11, 2021.

[FR Doc. 2021-22588
Filed 10-13-21; 11:15 am]
Billing code 3395-F2-P