[Weekly Compilation of Presidential Documents Volume 38, Number 27 (Monday, July 8, 2002)]
[Pages 1134-1136]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13270--Tribal Colleges and Universities

July 3, 2002

    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. There is a unique relationship between the United 
States and Indian tribes, and a special relationship between the United 
States and Alaska Native entities. It is the policy of the Federal 
Government that this Nation's commitment to educational excellence and 
opportunity must extend as well to the tribal colleges and universities 
(tribal colleges) that serve Indian tribes and Alaska Native entities. 
The President's Board of Advisors on Tribal Colleges and Universities 
(the ``Board'') and the White House Initiative on Tribal Colleges and 
Universities (WHITCU) established by this order shall ensure that this 
national policy regarding tribal colleges is carried out with direct 
accountability at the highest levels of the Federal Government.
    Tribal colleges are both integral and essential to their 
communities. Often they are the only postsecondary institutions within 
some of our Nation's poorest rural areas. They fulfill a vital role: in 
maintaining and preserving irreplaceable languages and cultural 
traditions; in offering a high-quality college education to younger 
students; and in providing job training and other career-building 
programs to adults and senior citizens. Tribal colleges provide crucial 
services in communities that continue to suffer high rates of 
unemployment and the resulting social and economic distress.
    The Federal Government's commitment to tribal colleges is reaffirmed 
and the private sector can and should contribute to the colleges' 
educational and cultural missions.
    Finally, postsecondary institutions can play a vital role in 
promoting excellence in early childhood, elementary, and secondary 
education. The Federal Government will therefore work to implement the 
innovations and reforms of the No Child Left Behind Act of 2001 (Public 
Law 107-110) in partnership with tribal colleges and their American 
Indian and Alaska Native communities.
    Sec. 2. Definition of Tribal Colleges and Universities. Tribal 
colleges are those institutions cited in section 532 of the Equity in 
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note), any other 
institution that qualifies for funding under the Tribally Controlled 
Community College Assistance Act of 1978 (25 U.S.C. 1801 et seq.), and 
Dine; College, authorized in the Navajo Community College Assistance Act 
of 1978, Public Law 95-471, title II (25 U.S.C. 640a note).
    Sec. 3. Board of Advisors. (a) Establishment. There shall be 
established in the Department of Education a Presidential advisory 
committee entitled the President's Board of Advisors on Tribal Colleges 
and Universities (the ``Board'').
    (b) Membership. The Board shall consist of not more than 15 members 
who shall be appointed by the President, one of whom shall be designated 
by the President as Chair. The Board shall include representatives of 
tribal colleges and may also include representatives of the higher, 
early childhood, elementary, and secondary education communities; tribal 
officials; health, business, and financial institutions; private 
foundations; and such other persons as the President deems appropriate.
    (c) Functions. The Board shall provide advice regarding the progress 
made by Federal agencies toward fulfilling the purposes and objectives 
of this order. The Board also shall provide recommendations to the 
President, through the Secretary of Education (Secretary), on ways the 
Federal Government can help tribal colleges:
    (1) use long-term development, endowment building, and planning to 
      strengthen institutional viability;
    (2) improve financial management and security, obtain private-sector 
      funding support, and expand and complement Federal education 
      initiatives;
    (3) develop institutional capacity through the use of new and 
      emerging technologies offered by both the Federal and private 
      sectors;

[[Page 1135]]

    (4) enhance physical infrastructure to facilitate more efficient 
      operation and effective recruitment and retention of students and 
      faculty; and
    (5) help implement the No Child Left Behind Act of 2001 and meet 
      other high standards of educational achievement.
    (d) Meetings. The Board shall meet at least annually, at the request 
of the Secretary, to provide advice and consultation on tribal colleges 
and relevant Federal and private-sector activities, and to transmit 
reports and present recommendations.
    Sec. 4. White House Initiative on Tribal Colleges and Universities. 
There shall be established in the Department of Education, Office of the 
Secretary, the White House Initiative on Tribal Colleges and 
Universities (WHITCU). The WHITCU shall:
    (a) provide the staff support for the Board;
    (b) assist the Secretary in the role of liaison between the 
executive branch and tribal colleges; and
    (c) serve the Secretary in carrying out the Secretary's 
responsibilities under this order.
     Sec. 5. Department and Agency Participation. Each participating 
executive department and agency (agency), as determined by the 
Secretary, shall appoint a senior official who is a full-time officer of 
the Federal Government and who is responsible for management or program 
administration. The official shall report directly to the agency head, 
or to the agency head's designee, on agency activity under this order 
and serve as liaison to the WHITCU. To the extent permitted by law and 
regulation, each agency shall provide appropriate information as 
requested by the WHITCU staff pursuant to this order.
    Sec. 6. Three-Year Federal Plan.
    (a) Content. Each agency identified by the Secretary shall develop 
and implement a Three-Year Plan of the agency's efforts to fulfill the 
purposes of this order. These Three-Year Plans shall include annual 
performance indicators and appropriate measurable objectives for the 
agency. Among other relevant issues, the plans shall address how the 
agency intends to increase the capacity of tribal colleges to compete 
effectively for any available grants, contracts, cooperative agreements, 
and any other Federal resources, and to encourage tribal colleges to 
participate in Federal programs. The plans also may emphasize access to 
high-quality educational opportunities for economically disadvantaged 
Indian students, consistent with requirements of the No Child Left 
Behind Act of 2001; the preservation and revitalization of tribal 
languages and cultural traditions; and innovative approaches to better 
link tribal colleges with early childhood, elementary, and secondary 
education programs. The agency's performance indicators and objectives 
should be clearly reflected in the agency's annual budget submission to 
the Office of Management and Budget. To facilitate the attainment of 
these performance indicators and objectives, the head of each agency 
identified by the Secretary, shall provide, as appropriate, technical 
assistance and information to tribal colleges regarding the program 
activities of the agency and the preparation of applications or 
proposals for grants, contracts, or cooperative agreements.
    (b) Submission. Each agency shall submit its Three-Year Plan to the 
WHITCU. In consultation with the Board, the WHITCU shall then review 
these Three-Year Plans and develop an integrated Three-Year Plan for 
Assistance to Tribal Colleges, which the Secretary shall review and 
submit to the President. Agencies may revise their Three-Year Plans 
within the three-year period.
    (c) Annual Performance Reports. Each agency shall submit to the 
WHITCU an Annual Performance Report that measures the agency's 
performance against the objectives set forth in its Three-Year Plan. In 
consultation with the Board, the WHITCU shall review and combine Annual 
Performance Reports into one annual report, which shall be submitted to 
the Secretary for review, in consultation with the Office of Management 
and Budget.
    Sec. 7. Private Sector. In cooperation with the Board, the WHITCU 
shall encourage the private sector to assist tribal colleges through 
increased use of such strategies as:
    (a) matching funds to support increased endowments;
    (b) developing expertise and more effective ways to manage finances, 
improve information systems, build facilities, and improve course 
offerings; and

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    (c) increasing resources for and training of faculty.
    Sec. 8. Termination. The Board shall terminate 2 years after the 
date of this order unless the Board is renewed by the President prior to 
the end of that 2-year period.
    Sec. 9. Administration. (a) Compensation. Members of the Board shall 
serve without compensation, but shall be allowed travel expenses, 
including per diem in lieu of subsistence, as authorized by law for 
persons serving intermittently in Government service (5 U.S.C. 5701-
5707).
    (b) Funding. The Board and the WHITCU shall be funded by the 
Department of Education.
    (c) Administrative Support. The Department of Education shall 
provide appropriate administrative services and staff support for the 
Board and the WHITCU. With the consent of the Department of Education, 
other agencies participating in the WHITCU shall provide administrative 
support (including detailees) to the WHITCU consistent with statutory 
authority. The Board and the WHITCU each shall have a staff and shall be 
supported at appropriate levels commensurate with that of similar White 
House Initiative Offices.
    (d) General Provisions. Insofar as the Federal Advisory Committee 
Act, as amended (5 U.S.C. App.) (the ``Act''), may apply to the 
administration of any portion of this order, any functions of the 
President under the Act, except that of reporting to the Congress, shall 
be performed by the Secretary of Education in accordance with the 
guidelines issued by the Administrator of General Services.
    Sec. 10. Revocation. Executive Order 13021 of October 19, 1996, as 
amended, is revoked.
                                                George W. Bush
 The White House,
 July 3, 2002.

 [Filed with the Office of the Federal Register, 10:22 a.m., July 5, 
2002]

Note: This Executive order was published in the Federal Register on July 
8.