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Federal Register I Vol. 61~' No. 206 I Wednesday. October 23. 1996 I Presidential Documents 5492!
Pre$identJal Documents
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ExeCutive Order 13021 of October 19, 1996
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'By the authority vested in me as President by the Constitution and laws
of the United States of America. in reaffirmation of the special relationship
bf the Federal Government to American Indians and Alaska Natives. and.
for the pUrposes of helping to: (a) ensure that tribal colle es and u '
les
are more
' d
' 'ons. ave access to the
. opportunities afforded other histitutions. and have Federal resources commit
ted to them: on a continuing basis: (b) establish a mechanism that wi~l '
increase aC,cessibility of Federal resources for {flbal colleges and universities
in tribal communities; (c) promote access to highdiuality educational oppor
tunity for j'CoiiCmically disadvantaged students; ( ) promote the reservation
and the revitahzahon of American'
,"
e languages an
cultural tra l11ons; e exp ore innovative approaches to better link tribal
cqlleges witllearly' childhood. elementary. and secondary education pro
grams; and (0 support the National. Education Goals (20 U.S.c. ~812). it
is hereby ordered as follows:
..
.
Section l. Definition of Tribal Colleges and' Universities. Tribal colleges
and unive~ities ("tribal colleges") are. t1;tose; i9stitutions cited in section
532 of the Equity in Educational Land-Grant· Status Act of 1994 (1 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 Navajo Community College. authorized in the Navajo Community
College Assistance Act of 1978. I1lblic Law 95-471, title n (25 U.S_c. 640a
note).
S~. 2. Iioard of Advisors. (a) EstabJiihm,ent., 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
("Board'i). Notwithstanding the provisions of any other Executive order.
the responsibilities of the President under the' Federal Advisory Committee
Act. as ,amended (5 U.S.C. App.), with respect to the Board. shall be per
formed by the Secretary of Education ("Secretary"), in accordance with
the guidelines and procedute~ established by the Administrator of General
Services.
(b) Composition. The Board shall consist of not more than 15. Members
who shall be appointed by,th~ president. The Board shall include representa- .
',tives,of.trlbalcolleges.'TheBo.ard"may also hiclude .r.epresentatives of the.
,.higher. 'early:childhood:element~; and secondary educa.tion· communities;
':~ tr!bal"officjals; health', busir'u!ssl \and financial institutions; priv~te ,founda
"tHI:ms:, aI1dstich"Qther~perSons 'as the' president dee;nsappropriate. Members
of the ~~~d)~iqssf!l'\'e: ~e.rms;of 2 y~ai's andma:y b~ reappointed to addi~onal '
texms. ;~. ¥~IIfber may contlDue.,to serve untll hiS or her successor. 15 ap-.
pointed; "In the,eyent a Memb~rfails to serve· a ,full term, an individual
. appointed to 'replace 'thal Member will serve ,the remainder of that term.
All terms will expire upon the termination of the Board.
(c) ,Role of Booid. The ,Board shall provide advice regarding the progress
made by Federal agencies toward fulfilling the purposes 'and objectives
of this order. The Board shall also provide recommendations to the President
and the Secretary at least annually on ways tribal colleges can:
(1) utilize long-term 'development. imdowment'building, and master plan
.
ning to strengthen institutional viability;
�Federal Register I VoL 61. No. 206 I Wednesday. October 23. 1996 I Presidential Documents
54931
(C) the transfer of excess and surplus Federal computer equipment under
EXecutive Order 12999.
In developing the Five-Year Plans required by this order. agencies shall
strive to include tribal colleges in all aspects and activities related to the
attainment of the participation goals, described in Executive Order 12928.
, "Promoting Procurement with Small Businesses Owned and Controlled by
Socially and Economically Disadvantaged Individuals. Historically Black.'CoI
leges and Universities. and Minority Institutions." The Plans may also empha.-
size access tohigh-quality educational opportunity for economically dis-
advantaged Indian students; the preservation and revitalization of American
Indian and Alaska Native languages and cultural traditions: innovative ap
proaches to' better link tribal colleges with early childhood. elementary.
and secondary education programs: and the National Educa~i?n Goals.
(b) Submission. Each agency shall submit its Five-Year Plan to the White
House Initiative Office. In ,consultation with the Board. the White House
Initiative Office shall then review these Five-Year, Plans and develop an
integrated Five-Year Plan for Assistance to Tribal Colleges. which the Sec
retary shall review and submit to the President. The Five-Year Plan for
Assistance-to Tribal Colleges may be revised within the 5-year period. '
"
(c) AnnualPer/ormance Reports. Each 'agency shall submit to the White
, House Initiative Office an' Annual Performance 'Report that' shall measure
each agency's performance against the objectives set forth in its Fiv~Year
Plan. In consultation with the Board. the White House Initiative, Office
shall review and combine Annual Perfonriance Reports into one annual
report. which shall be submitted to the Secretary for review, in consultation
,w:ith the Office of Management and Budget.
Sec. 6. Private Sector.' In cooperation' with the Board. the White House
Initiative Office 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 finance. im
prove information systems. build facilities. and improve course offerings:
'and'
.
, (c) increasing resources for and training of faculty.'
Sec. 7. Termination. The Board shall terminate 2 years after the date of
this Executive order unless the Board is renewed by the President prior
to the end of that 2-year period.
'
Sec., 8. Administration. (al Compensation. Members of the Boarci shall serve
without compensation. but shall be allowed travel expenses. including per
diem in lieu of subsistence. as authorized by law for persons, serving intermit
tently in Government service (5 U.S.C. 5701-5707).
'
'
(b) Funding. The Board and the Initiative shall be, funded by the Department
of Education.
(c) Administrative Support. The Department -of Education sball provide
apprdpriat£! administrative services and staff support' for ,the Board and' the
Initiative. With the consent of tbe Department of Education. other agencies
participating in tbe Initiative shall provide administrative support to the
White House Initiative Office consistent with statutory authority and shall
make use of section 112 of title 3. United States Code. to detail agency
employees to the extent permitted by law. The Board and the White House
�To:
Mary Smith, DPC.
From:
Carrie Billy, Executive Director
White House Initiative on Tribal Colleges and Universities
Date:
September 2, 1998
r
Re:
Update on Implementation of Executive Order 13021 on Tribal
Colleges and Universities
a
As we discussed on Monday, I have prepared a brief update on the implementation of Executive OrdeF 13021.
This is not a comprehensive update on the activities of each of the 30 or so participating agencies; rather,
I have selected a.few of my activities and a few agencies to highlight.
Background:
Executive Order on Tribal Colleges and Universities: President Clinton signed Executive Order 13021 on
Tribal Colleges and Universities on October 19, 1996. Briefly, the Order has three purposes:
Resources: federal agencies will develop 5-year plans for integrating this nation's 30 tribal colleges into their
programs and targeting new and existing federal resources to the colleges through the expansion of existing
programs and the creation of new programs.
.
Advocacy: the Office of the White Hou~e Initiative on Tribal Colleges and Universities will be an advocate for
the tribal colleges within the federal government, an advocate for the federal government to the tribal colleges,
. and the coor<;linator of implementation of the Executive Order.
' .
will
be a catalyst for new partnership creation:
Partnerships: the President's Advisory Board on Tribal Colleges
public-private (industries, federal agencies, and tribal colleges); inter-departmental; and inter-educational
(tribal colleges, elementary-secondary, and early childhood).
Update on Advisory Board:
A key element of Executive Order 13021 is the 15-member Presidential Advisory Board on Tribal Colleges
and Uiliversities, which will make annual recommendations and monitor agency implementation of the Order.
The board has not been appointed, but in August 1998, the Office of Presidential Personnel took a major step
forward in this effort: it submitted a memo to the President recommending the appointment of the following
15 individuals:
Tribal College Presidents (6)
.
Dr. Gerald (Carty) Monette, President
Turtle Mountain Community College,· North Dakota
Dr. Janine Pease-Pretty On Top, President
Little Big Horn College, Montana
Dr. Lionel Bordeaux, President
Sinte Gleska University, South Dakota (also member of Rosebud Tribal Council)
Dr. Joe McDonald, President
.
Salish Kootenai College, Montana
Dr. Tommy Lewis, President
Dine College, Arizona and New Mexico
Foundations (3)
Karl Stauber, President
Education (2)
Joe Martin
�Northwest Area Foundation
Valerie Johnson
WKKellogg Foundation
Allison Burnstein
Ford Foundation
Northern Arizona Uhiversity
Tom Colonnese
University of Washington
, General Public (2) ,
Phil Jackson, retired"
" Chicago Bulls
, ,
Richard Trudell, Exec. Director
A.I.L.T.P.
'
Public Officials (2)
The Honorable Pat Williams, retired
U.S. House of Representatives
Debra Norris, Member
State of Arizona House
Update on Office of the White House Initiative on Tribal Colleges:
(A) Staffing of White House Initiative Office:
Carrie Billy appointed director of office in mid-February 1998. The office is housed in the Department of
Education's Office of Adult and Vocational Education.
'
Ev.entually, the office will have a staff of at least 4. Job announcements have been issued for the three,
remaining positions, but because these are career status positions, the hiring process is cumbersome and
lengthy. As a result, the initiative continues to be a "one-woman show."
Activities of Office: Highlights include:
, , (1) Congress:
Legislation: ' As part of the reauthorization of the Higher EdUcation Act, I worked closely with staff and
members of the relevant Ho.use and Senate committees.to ensure inclusion of a section for Tribal Colleges
within Title III of the Act. I have undertaken similar work with the House and Senate agriculture staff to ensure
that amendments to the 1994 land-grant legislation were included in legislation to reauthorize agriculture
research programs and to ensure that Tribal Colleges are eligible to compete in new agriculture research
. programs. In addition, I worked with the Senate Labor Committee on amendments to Title II of the Tribally
Controlled Community College Assistance Act, the 1994 land-grant legislation, national tobacco legislation,
and other legislation impacting the tribal colleges. , ' ,
'
Briefings: To facilitate necessary statutory changes (such as amendments to the Higher Education Act), I
organized and am cO-heisting, a series of Congressional briefings on tribal colleges and American Indian
education issues. Future briefings and policy forums, which will involve both Congressional and executive
branch staff; are planned for the 106th Congress. In addition, I am working with Senate and House staff to
establish formal task forces on Indian education.
.
,
'
Outline of EO Implementatioh Plan: Under the Executive Order, all departments and agenCies are'required
to prepare 5-year plans for integrating the tribal colleges into their programs., In addition, they must develop
and maintain comprehensive inventories of resources committed to the tribal colleges. My office, with the
assistance of the Inter-departmental Committee on Tribal Colleges and Universities, will develop a coordinated
and comprehensive federal 5-year plan based on the 32 or so individual plans. I also will assist the
President's Advisory Board in preparing and submitting annual r~ports to the President on the Executive
Order's implementation. To accomplish these tasks and to ensure maximum coordination at all levels, I have
developed the following 5-point plan outline:
.
(A) Major Themes: Based, on the goals articulated in the Executive Order, the initiative will focus on six major
theme areas:
.
.
Technology: Develop and implement a comprehensive public-private plan to achieve 21st century state of the
art technological capacity (Internet II access and information technology) at each tribal colleges and improve
the technological skills of American Indian students to ensu're ~aximum participation in the 21 st century
'0
�higher education system and workforce.
Science and Math: Develop and implement a comprehensive public-private plan to increase the number of·
qualified math and science instructors at tribal colleges; ensure high quality math arid science courses and
curriculum at tribal colleges; and increase to 100 percent the number of American Indian middle school, high
school, and college students who graduate proficient in math and the sciences.
Economic Development: Develop and implement a comprehensive public-private plan to help tribal colleges
build the infrastructure they need to improve the economies of their reservations; develop community
awareness of the benefits of economic self-sufficiency; encourage entrepreneurship, and provide American
Indian students with the skills they need to become 'productive member,S of the ~1.st century workforce.
Education, Language and Culture: Develop and implement a comprehensive public-private plan to build an
American Indian teacher workforce; help tribal colleges fulfill their missions of providing high quality higher
education opportunities to all of their communities; ensure equitable partiCipation of tribal colleges in federal
education programs and research opportunities; and help tribal colleges preserve and promote their native
languages and culture and build linkages throughout,a lifelong education system,
Community Development: Develop and implement a comprehensive public-private plan to help tribal colleges
address the social and cultural challenges facing their reservations communities, including problems of
transportation infrastructure, violence, drug abuse, law enforcement, housing, and youth self-esteem and
development. ,
Health: Develop and implement a comprehensive public-private plan to help tribal colleges improve the
wellness of their communities and educate a~d train more American Indian health professionals.
These six theme areas should guide this office, the tribal colleges and the federal agencies as we work
together to implement the Executive Order. Our unified missions should ·be centered on these theme areas,
and any new program develop should focus on one or more of the theme areas. USing these themes of the
core of our effort, we will develop common message statements, plan outlines" and strategies for
communication with other federal agencies, the Congress, and the private sector.
(B) Inter-departmental Committee on Tribal Colleges and Universities: This high-level committee will serve
asthe overall coordinating body for the federal initiative. Meetings and discussions will help reduce duplication
and serve as a means for sharing "best practices" and information on the initiative with all departments. I
organized the committee's first meeting on April 15, 1998. The meeting was a tremendous success, with
more than 45 attendees representing 27 of the 32 partiCipating agencies. Five agencies did not attend; all
but four have designated a liaison. Further meetings are. being conducted as a large group and in "clusters"
with tribal college representatives
.
.
.
(C) "TCU Clusters:" Several agency clusters" (groups of agencies and departments with similar missions) will
serve as subcommittees of the Inter-departmental Committee on Tribal Colleges and Universities to
coordinate work. Members of the inter-departmental committee will be divided into one or more clusters,
which wiU be focussed around the six major theme areas. A small number of tribal college preSidents will be
aSSigned to each cluster to advise and assist their work. The clusters will develop new and coordinated
programs for the tribal colleges, develop strategies for ensuring that tribal colleges can participate in existing
programs for institutions of higher education, and generally assist one another in their efforts. Tribal college
presidents who are assigned to each cluster will serve as advisors, partners in development of ideas, and,
consultants for agency ~-year plans.
..
My goal is that, eventually, the clusters will evolve into the type of business-fedE;!ral clusters that support the
historically Black colleges and universities (HBCU) initiative and mainstream post-secondary education
research institutions. ·Initially, however, their focus will be on the development of comprehensive 5-year plans
and new programs.
(D) Intra-departmental committees or· taskforces: Each agency has been asked to organize an internal
�commi~ee or task force on the tribal college initiative, which will include representatives from across all agency
program areas. These internal committees a're the best mechanism for ensuring the development of
comprehensive plans.
(E) Congress: Task forces on Indian education or Indian issues will be organized and assisted to serve as a
means for offering and supporting amendments to existing legislation or introducing new legislation, when
necessary, to ensure maximum participation of the tribal colleges in federal programs. This part of the plan
is extremely important to our effort because many existing programs and most new programs will require
legislative action. In addition to working directly with the Congress, identical legislative work must be done
first at the agency level to ensure inclusion of tribal college initiatives in major authorizing legislation sent to
the Congress. For example, successful examples include the Reauthorization of the Higher Education Act
and the Reauthorization of Agriculture ResearchPrograms. Currently, discussions are beginning or ongoing
with agency and Congressional staff on several reauthorizations, including the Department of Defense
Reauthorization; Elementary and Secondary Education Act
; and the Indian Health Care Improvement Act.
Agency Commitments Under Executive Order:
Perhaps the most exciting, and definitely the most tangible, aspect of this Initiative is the growing monetary
commitment of individual agencies to the Executive Order's goals. Throughout the executive branch,
agencies are anxious to work with the tribal colleges and to help them maximize their potential and make
higher education':" and economic self-sufficiency -- a reality for more American Indians. This is particularly
heartening because many of the agencies did. not even know that tribal colleges 'existed before President
Clinton signed Executive Order 13021. Higher education on this nation's remote and rural Indian reservations
was not something most people had ever contemplated, and it definitely was not something toward which they
felt a degree of responsibility. Because of Executive Order 13021, that attitude is changing, and new
opportunities for learning, sharing, and partnering are. being created every deW. A few examples include:
Department of Education: The Department of Education stepped forward early in the development of the
Executive Order to assume primary responsibility for staffing and supporting the Office of the White House
Initiative on Tribal Colleges and Universities. In its version of legislation to reauthorize the Higher Education
Act and its Fiscal Year 1999 budget request, the Department proposed anew $5 million program within Title
III (Strengthening Institutions) specifically for tribal colleges, similar to the part and section, respectively, for
Historically Black Colleges and Universities and Hispanic Serving Institutions. Both the House and Senate
approved authority forJhe program - the House at $10 million; Senate at $5 million. The legislation is
currently in conference. Because the reauthorization has not been signed into law, however, neither body has
appropriated funding for the new program. In July, Secretary Richard Riley took his first visit to a Tribal
College, Salish Kootenai College in Montana.
'
After hearing of the tremendous need for more American Indian teachers in the elementary and secondary
schools on the reservation (of approximately 450 teachers, only 6 are Native American), the Secretary
expressed his desire to address the problem in a comprehensive manner. .
Department of Agriculture: In 1994, the tribal colleges became "land-grant" institutions, joining state colleges
and universities (called "'1862" institutions because of the year they attained land-grant status) and Historically
Black Colleges and Universities ("1890" institutions). Over the past few years, the USDA has used this
authority and the Executive Order to improve and expand its relationship with the tribal colleges, In its Fiscal
Year 1999 budget, the USDA proposed expansion of the 1994 extension program, and during the
reauthorization of agriculture research programs, it supported the creation of a new research program for the
tribal colleges, inclusion of tribal colleges in other USDA com'petitive grant programs, and several positive
changes to the 1994 legislation, Compared to the extensive and well-funded programs that have existed for
decades for the 1862 and 1890 institutions, the tribal colleges still have a long way to go. But the USDA is
committed to forging new partnerships with the tr
ibal colleges through jOint conferences, legislative changes, a 1998 Memorandum of Agreement, and the
creation of the new "USDA-Tribal College Leadership Group," This commitment has led to optimism among
the tribal colleges about their ability to compete in the programs that have built the best system of higher
�.
education- in the world, the land-grant system.
NASA: Forthe past two fiscal years, NASA has awarded at least $3 ~illion annually to the tribal colleges -
and considerably more to minority serving institutions in general -- to strengthen their capacity in math,
science, 'engineering, and technology research and course delivery and to increase opportunities for MSET
partnerships. In July 1998, Administrator Dan Golden visited Salish Kootenai College in Pablo, Montana, and
delivered a keynote address at the Alliance for Minority Participation'Annual Conference for students. Next
month, NASA will host its eighth Annual Users' Conference, which for the first time will be held at a tribal
college -- Southwest Indian Polytechnic Institute in New Mexico. The theme of the conference is
"Strengthening Partnerships between Tribal and Non-Indian Institutions." Finally, as part of its FY99 grant
program, NASA is contemplating expanding its commitment to the tribal colleges to inClude a new solicitation
specifically aimed at helping tribal colleges in the areas
of curriculum and faculty development for technology training; distance learning; MSET curriculum
development; and technology transfer training.
Department of Health and Human SerVices: Under theleaoership of Deputy Secretary Kevin Thurm, the
Department of Health and Human Services is emerging as a leader in the implementation of Executive Order
13021. Early on, the.department organized a Working 'Group on Tribal Colleges and Universities, which
includes representatives from all operating and staffing divisions, an'd in February 1998, the Deputy Secretary
and all division heads held their first "talking circle" with the tribal college presidents. Already, the Department
has made significant funding commitments to' the colleges in the areas of faculty exchanges; curriculum
development; distance learning; surplus property; research al)d data collection; and other areas. For example,
the Administration on Native Americans funded the first-ever comprehensive data collection effort on higher
education at the tribal colleges, and in FY99, the Administration on Children, Youth, and Families will
announce a major new grant program for the tribal colleges in
early childhood development. The program will help the tribal colleges develop model early childhood teacher
-training programs, ensure widespread access to early childhood education opportunities in reservation
communities" and generally _il1)prov~ the quality of life for tribal college students and their families. I n January
1999, the Department will host its first "Expo," with the tribal colleges. _
The two to three day event will provide
the first opportunity for many tribal college presidents and faculty to meet face-to-face with key program
administrators throughout the department. This information sharing should lead to many new and exciting
- '
partnerships.
.
NationaL Science Foundation: -In response to the White House Initiative on Tribal Colleges, the National
-Science Foundation made a commitment to expand its innovative-"High Plains Rural Systemic Initiative (HP
RSI)," which is a collaborative effort to promote K-12 science, math, engineering, and technology using the
tribal colleges as spring boards for addressing systemic change in these subject areas. Through the HP-RSI,
the tribal colleges are helping K-12 schools deveiop standards-based science and math curricula; providfng
teacher training and summer enrichment programs; and creating exciting new partnerships. The revamped
program -- the Tribal College Rural Systemic Initiative (TC-RSI) -- currently serves 18 tribal colleges and one
reservation site in Wyoming. Each participating ,tribal college is responsible for providing leadership to the
K-12 school systems located on their respective reservations. - All aspects of the school system are
considered in addressing system reform from community and parenta
I participation, providing professional development activities, building a broad-based, support including the
business community, promoting the convergence of resources to support the initiative and instituting aligned
student assessment systems. All of these activities are organized and implemented with careful consideration
of the cultural academic needs of the respective'tribe and students being served, The ultimate goal is to
include all 30 tribal colleges in the new TC-RSI program.
Department of the Interior: Over- the past tWo fiscal' years, the Department of the Interior has included
increased funding for core operations of the tribal colleges in its budget requests. In FY98, the Department
requested an increase of about $3 million (for a total of nearly $30 million) and in FY99, the Department
requested a $5.5 million increase for core funding. In addition to its stronger'support for core operations
(which is one-half of the authorized amount and one-half of the amount received by mainstream colleges and
universities), the Department is expanding opportunities for the tribal colleges in other areas. In November,
it will host the first joint Tribal College-Interior Summit at Spirit Lake, North Dakota.
�..
Department of Defense: The Depar:tment - through its impressive ability to mobilize a rapid response ~ •
. recently came to the aid of Dine College and hundreds of its students. Less than two weeks before classes
were scheduled to begin this fall, the college's Shiprock campus was significantly damaged by fire. All of its
math, science, biology, and geology classrooms and laboratories were destroyed. Using Kirkland Air Force
Base in Albuquerque as the coordinating site, the Department has been able to locate nearly all of the
equipment and supplies the school needs to conduct classes. The National Guard is scheduled to deliver the
equipment on Wednesday, September 9, 1998. In addition to the Department of Deferiseand Air Force,
USDA and the Forest Service have been particularly helpful in coming to the aid of the school.
�.• 09/03/98
09: 44
'6'202 514 0563
UL\,.;
~
U.S: -DEPARTMENT OF JUSTICE
OFFICE OF LEGAL COUNSEL '
VVASHINGTON;D.C.20530
F ACSIMTL.E TRANSMISSION SHEET
OFFICE PHONE:.
FROM:
To:
MARY SMITH,
DOMESTIC POLICY STAFF
FACSIMILE NUMBER:
1
OFFICE PaONE: 202/456-5571
456-7431
Nl:.JMBER OF PAGES:
202/514-2027
,
+
COVER
.
Mary: Suggested revisions attached. As I mentioned in my voice mail to you this morning,
the Federal Advisory Committee Act provides that U[e]ach advisory committee... shall
terminate not later than the expiration ofthe two-year period beginning on the date of its,
establishment unless .....in the case of an advisory committee established by the
President ... such advisory committee is renewed by tbe President ...prior to the end of such
period. 5 U.S.C. App, § 14(a) (2). The FACA also ,provides that any advisory commlrtee
renewed by the President "may be continued only for successive tw'o-year periods." Id. at §
14(c).' Because the advisory Board in question must tenninate two years unless extended ,for 2
years by the President, it caunot be made pemlaneot. Accordingly, the words "and may
pernlanent" must be removed f~m proposed section 2. ,
II
Similarly, terms of the Board $embers cannor run longer than two years. However,
we believe [hat the President may provide for me staggered terms [hal you propose as long as
it is clear that any term is subject to the Board being renewed as provided under the FACt....
, Thus, we ask thaJ you include the ~ollowing sentence at the end of proposed section 3: All
appointments are contingent upon renewal of the Board every two years pursuant to the
Fooeral Advisory Committee Act."..
.
1f
�OLe
09/03/98
09: H'C202 5,14 0563
09/02198 WEI> U: 4Z F.:U zot 456 5581
~VV ...
DOMESTIC POLICY COL
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ffiCBCUTP/E ORDER RBGARD1Nct' .
TRIBAL·,COLLEGES AND UNIVERSJTIES...BR:z'sfT 9/l/9s,..,
By the authority vested in me as President by the Constitution and laws of the United
States of America, it is here'byor~ered3Sfol1ows:
. .
,
Section 1. Executive Order 13021. dated'October 19, 1996, dealing with Trib'al College
and Universities, is hereby amendeq. as provided in Sections 2 sud 3 . The tennsof Executive
Order 13021 remain in effect, except to the ex.tent they are superseded by tl::i.isorder.
.
Section 2. The President's Board ofAdvisors on Tribal Colleges and Universities, which
'
would have expired on .october 19;1998, is hen::byrcnewc:d~d.madc::pennme~ cLe.P.o.:I-e.
Section 3. The initial appointments to the Board Vvill be divided, as nearly as possible,
into three equal groups, one group serving for a term of
years, one group seIVing for a te:nn
of three years, and one group serving for a tei:m of four years. Thereafter, the tenns of all "
two
M~berswillbethreeyea:rs. "f'tlJ..~t>u-~ aJ\L,'~~ ~
,
'~~~~~~~.~~~
.f~~~~~A:<±;·..
[signature] .
The White House
_ _ _ _-..,;..._---.:. 1998 '
.~
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3-13
tfc?3
. .
•
�BrA EDUCATION CONSTRUCTION
(SA in millions of dollars)
. FY 1998
FY 1999 Reg.
House
54
87
59
Senate
60
The request is for a $33 million (61%) increase to FY 1998 enacted funding to support the
Administration's initiative to replace older, unsafe, arid dilapidated schools on reservations in
accordance with a Congressionally-approved priority Ii'st of replacement schools and would
provide for much-needed health and safety-related repairs and improvements that together
comprise a. roughly $700 million backlog.
The House-passed bill is $28 million (32%) below the requested amount. In a SAP to the
House, the Administration objected strongly to the inadequate funding for this Administration
initiative. The House SAP also included a senior advisers' veto threat based on under funding
of unspecified priority programs, as well as language issues.
The Senate Committee bill is $27 million (31 %) below the requested amount. The
Administration letter objected to this .level of funding, and included a veto threat from the
Secretaries of Interior, Agriculture and Energy due to unspecified funding and language issues.
�EO 13021 '
Executive Orders
t9 regulations issued by
he effective date of this
. (a) Section' 5(a](3)(B) of
ws:
lOS on which the review
,nt. The Chair of the OC
iewing departments and
n any such motters ,with
lrtment and agency rec
l concerning commercial
jies for the development.
engines that ore trans
9 Commerce Control List
; of Commerce and State
~all inform reviewing de
ision of the DC. As de
cymay appeal the deci
cision of the OC in cases
tes and hot-section tech
EP. In the absence of a
ity vote decision in the,
reial communication sat
1) will be final.
amended to read as fol
licenSing determination
Chair of the OC (or a
,cense applications con
ad the hot-section tech
ppeal' the matter to the
, appeal a matter within
~ing from an official ap-, ,
d consent of the Senate,
nust cite both the statu
:EP shall review all de
ndations. and the Chair
,ltS and agencies of the
[rom the date of receiv
)rity vote decfsion. any
3cision by submitting a
the Secretary in his or,
hall cite both the statu
the same5-day,period.
n initiative to consider
, 'peal, the majority :vote
G
, create. nor does it cre
, or any other right or
iural, enforceable by a
party against the United States, its agencies or instrumentalities, its officers
or employees, or any other person.
Sec. 3. Effective Date. This order shall be effective immediately and shall
remain, in effect until termiriated~,
'
.
WILLIAM
J. CLINTON
THE WHITE HOUSE;
OCtober 12, 1996.
Executive Order 13021 of October 19; 1996
Tribal Colleges and Universities
By' the ,authority vested in me as President by the Constitution and laws,
of the United States of America. in reaffirmation of the special'relationship
of the Federal Government to, American Indians and Alaska Natives, and,
for the purposes of helping to: (a) ensure that'tribal colleges and univer
sities are more fully recognized as accredited institutions, have access to
the opportunities afforded other institutions, and have Federal resources
committed to them on a continuing basis; (b)' 'establish a mechanism that
will increase accessibility of Federal resources for tribal colleges and uni
versities in tribal communities;, (c) promote access to high-quality edu
cational opportunity for,econo'mically disadvantaged students; (d) promote
the preservation and the revitalization of American Indian and Alaska Na
tive languages and cultural traditions; (e) explore innovative approaches to
better link tribal colleges with early childhood, elementary, and secondary
education programs; and m support the National Education Goals (20
U.S.C. 5812). it is hereby ordered as follows:
Section 1. Definition of Tribal CoJJegesand Universities. Tribal colleges
and universities ("tribal colleges") are those institutions cite9, in section
532 ~fthe 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 Navajo Community College, authorized in the Navajo Community.
College Assistance Act of 1978. Public Law 95-471. title II (25 U;S.c. 640a
note);
"
Sec. 2. 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
'("Board"). Notwithstanding the provisions of any other, ,Executive order.
the responsibilities of the President uJ?der the Federal Advisory Committee
Act, as amended (5 U.S.C. App.), with respect to the Board, shall be per
formed by the Secretary of Education ("Secretary"), in accordance with the
guidelines and procedures established by the Administrator of General
,Services.
.
(b) Composition. The Board shall consist of not more than 15 Members
who shall be appointed by the President. The Board' shall include rep
resentatives of tribal colleges. The Board may also include representatives
. of the higher. early childhood. elementary, and secondary education com
munities: tribal officials; health. business. and financial institutions; private
221
�..
EO 13021
Title
a-:-The President
foundations; and such other persons as the President deems appropriate.
Members of the Board will serve terms of2 years and may be reappointed
. to' additional terms. A Member may continue to serve until his or her suc
cessor is appointed. In the event a Member fails to serve a fu,!l term, an
, individual appointed to replace, that Member will serve .the remainder of
that term. All terms will expire upon the termination of the Board.
(c) Role of Board. The Board shall provide advice regarding the progress
made by Federal agencies toward f~lfilling the purposes 'and objectives of
this order. The Boardshall also provide repommendations to the President
and the Secretary at least annually on ways tribal coll~ges can:
. (1) utilize long-term development, endowment building, and master
,planning, to strengthen institutional viability; ,', ,
(2) utilize the Federal and private'sectorto improve financial manage
ment and security. obtain private sector funding support, and expand and,
complE!ment Federal education initiatives;
,
"
:
(3) develop institutional capacity through the use ·of new and emerging
technologies offered by Qoth the Federal and private sectors;' '
(4) 'enhance physical infrastructure to facilitate more efficient oper
ation and effective recruitment and retention of students and faculty; and
,
(5) help achieve National,Education Goals and meet other high stand
ards of education accomplishment.
'
(d) Scheduled Meetings. The Board shall meet at least annually to pro
vide advice and consultation on tribal colleges .arid relevant Federal and
private sector activities, and to transmit reports and present recommenda
tions.
'
Sec. 3. Office of White House Initiative. There shall be established in the
Department of Education the White House Initiative on Tribal Colleges and
Universities ("Initiative"). The Initiative shall be authorized to: (a) provide
the staff support for the Board;
,,' (b) assist the Secretary in the role of liaison between the executive
branch and tribal colleges;
(cl serve, the Secretary in carrying out the Secretary's responsibilities
t,Inder this order; and
, (d) utHize the services. personnel. information, and facilities of other
Federal, State. tribal, and local agencies with their consent, and with or
without reimbursement, consisten,t with applicable law. To the extent per
mitted by law and regulations, each Federal agency shall cooperate in pro-'
viding resources. including personnel detailed to the Initiative. to meet the
objectives of the order.
'
Sec. 4. Department and Agency Participation. E~ch participating executive
department and agency (hereinafter collectively referred to as "agency"), as
determined by the Secretary, shall appoint a senior official. who is a full
time officer of the Fedeml Government and who is responsible for manage- .
ment or program administration, to serve as liaison to the White House Ini
tiative. The official shall report directly to the agency head. or agency, rep
resentative, on agency activity under this order and serve as liaison to the
White House Initiative. To the extent permitted by law and regulation, each
'agency shall provide appropriate information in readily available formats
requested by the White House Initiative staff pursuant to this order. •.
222
~
D
S
(
s·
t
,r,
r
c
c
t
f
s
l
s
8
E.
[.
�lent
President'deems appropriate.
lears and may be reappointed
to serve until his or her suc;
fails .to serve a full term. an
r will serve the remainder of
ination of the Board,
..
advice regarding the progress
Ie purposes and objectives of
.nmendations to the President
ibal colleges can:
,wment building. and master
to imprC\ve financial manage
jng support. and expand and
the use of new and emerging
lrivate sectors; ..
'
acilitate more efficient oper~
of students and faculty; and
1s and meet other high stand- .
neet at least annually to pro
les and relevant Federal and
rts and present recommenda
'e shall be established in the
tiative on Tribal Colleges and
be authorized to: (a) provide
lison between the executive
e Secretary's responsibilities
ltion. and facilities of other
1 their consent. and with or
cable law. To the extent per-.
geney shall cooperate in pro- '.
to the Initiative, to meet the
Each participating executi ve
y referred to as "agency"). as
3enior official, who is a full
.10 is responsible for manage
lison to the White House Ini
agency head. or agency rep
lr and serve as liaison to the
I by law and regulation. each
in readily available formats
:J.rsuant tothis order.
Executive Orders
EO 13021
Sec. 5. Five- Year Federal Plan. (a) Content. Each agency shall. in collabora
tion with tribal colleges. develop and document a Five-Year Plan of the
agency's efforts to fulfill the purpose of this order. These Five-Year Plans
shall include annual performance indicators and appropriate measurable
objectives for the agency. The plans shall address among other relevant is
sues:
(1) barriers impeding the access of tribal colleges to funding opportuni
ties and to participation in ~ederal programs. and ways to eliminate the
barriers;
(2) technical assist\lnce and information that will be made available to
tribal colleges regarding the program activities of the agency and the prepa
rat jon of applications or proposals for grants. cooperative agreements. or
contracts; and
'
(3) an annual goal for agency funds to be awarded to tribally controlled
colleges and universities in:
(A) grants. cooperative agreements. contracts. and procurement;
. (B) related excess property-type acquisitions under various authori
ties such as section 923 of the Federal Agriculture Improvement and'Re
form Act of 1996 (7 U.S.c. 2206a) and the Federal Property and Adminis
trative Services Act of 1949. chapter 288, 63 Stat. 377 (codified as de
scribed at 40 U.S.C. 471 note); and
.
(C) the transfer or'excess and surplus Federal computer equipment
under Executive Order 12999.
'
In developing the Five-Year 'Plans required by this order, agencies shall
strive to include tribal colleges in all aspects and activities relatea to the
attainment of the 'participation goals described in Executive Order 12928,
"Promoting Procurement with 'Small Businesses Owned and Controlled by
Socially and Economically Disadvantaged Individuals. Historically Black
Colleges arid Universities. and Minority Institutions." The Plans may also
emphasize access to high-quality educational opportunity for economically
. disadvantaged Indian students; the preservation and revitalization of Amer
ican Indian and Alaska Native languages and cultural traditions; innovative
approaches to better l~nk tribal colleges with early childhood. elementary.
and secondary education programs; and the National Education Goals.
(b) Submission. Each agency shall submit its Five-Year Plan to the White
House Initiative Office: In consultation with the Board. the White House
Initiative Office shall then review these Five-Year Plans and develop an in
tegrated Five-Year Plan for Assistance to Tribal Colleges. which the Sec
retary shall review and submit to the President. The Five-Year Plan for As
sistance to Tribal Colleges may be revised within the 5-year period.
(c) Annual Performance Reports. Each agency shall submit to the White
House Initiative Office an Annual Performance Report 'that shall measure
each agency's performance against the objectives set forth in its Five-Year
Plan. In consultation with the Board. the White House Initiative Office
shall review and combine Annual Performance Reports into one annual re- .
port. which shall be submitted to the Secretary for review •. in consultation
with the Office of Management and Budget.
Sec•. 6. Private Sector. In cooperation with the Board. the White House Ini
tiative Office shall encourage the private sector to assist trib~l colleges
223
�.
EO 13022
Title
~The
,
President
Sec. 2. The Mid'
lands Naval Air
Executive Ordm
Order 8729 of A
through increased use of such strategies as: (a) matching funds to support
increased endowments;
,
(b) developing expertise and more effective ways to manage finance. im
prove information systems. build facilities. and improve course offerings;
(lnd
Sec. 3. (a) The S
Wildlife Service
National WiJdli
12996 of March
, (c) increasing resourc~s for and training 0'£ facuity.
,Sec. 7. Termination. The Board shall terminate 2 years after the date of this
Executive order unless the Board is renewed by the President prior to the
end of that 2-year period.
(1) maintai
refuge;
Sec. 8. Administration. (a) Compensation. Members of the Board shall serve
, without compensation, but shall be allowed travel expenses, including per
, <;liem in lieu of subsistence, as authorized by law for persons serving inter
mittently in Government service (5 U.S.C.5701-57071.
(bl Funding. The B~ard and the Initiative shall' be funded 'by the Depart
ment of Education.
.
(2) providh
and their habita
(3) fulfillin
with respect to
(4) providiJ
cation, and COIT;
(cl Administrative Support. The Department of Education shall provide,
appropriate administrative services and staff support for the Board and the
, Initiative. With the consent of the Department of Education, other agencies,
participating in the Initiative shall provide administrative support to the
White House Initiative Office consistent with statutory authority and'shall
make use of section 112 oCtitle 3, United States Code. to detailagency em
ployees to the extent permitted by law. The Board and the White House
'Initiative Office shall have a core staff and shall be supported at appro
priate levels.
(5) in a m;:
maintain the h
the policy state,
(b) The Secn
istration of the
necessary for tJ
Midway Island:
WILUAM J. CLINTON
THE WHITE HOUSE,
October ·19, 1996.
Sec. 4. Any civ
Islands Code, :
under the juris,
date of this orr
shall be admin
of the Interior.
Executive Order 13022 of October3f, 1996
,Administration of the Midway Islands
Sec. 5. To the
consistent witl
By the authority vested in me as President by the Constitution and the laws
of the Vnited States of America, including section 48 of the Hawaii Omni
bus Act, Public Law 8~24, and section 301 of title 3, United States Code.
it is hereby ordered as follows:
..
..
, Section 1. The Midway 'Islands, Hawaiian group. and their territorial seas,
located approximately between the parallels of 28 degrees 5 minutes and'
28 degrees 25 minutes North latitude and between the meridians of 177 de
grees 10 minutes and 177 degi'ees 30 minutes West longitude, were placed
under the jurisdiction and control of the Department of the Navy by the
provisions of Executive Order 199-A of January 20, 1903, and Part II of Ex
ecutive Order 11048 of September 4,1962, and are hereby transferred to
the jurisdiction and control 'of the Department of the Interior. The provi
sions of Executive Order 199-A ·of January 20, 1903, and the provisions of
,Executive Order 11048 of September 4, 1962, that pertain to the Midway
Islands are hereby superseded.
.
. '
224
Sec. 6. Nothin:
modify the aut
States to repre
nal cases arish
THE WHITE f
October 31, 1£
"/
~~
.jJ
~;
,.
�
Dublin Core
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Title
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Michael Cohen - Subject Series
Creator
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Domestic Policy Council
Michael Cohen
Is Part Of
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<a href="http://clinton.presidentiallibraries.us/items/show/36062">Collection Finding Aid</a>
<a href="https://catalog.archives.gov/id/7763316" target="_blank">National Archives Catalog Description</a>
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2012-0160-S
Description
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<p>Michael Cohen held the position of Special Assistant to the President for Education Policy within the Domestic Policy Council from 1996 to 1999. Prior to being detailed to the White House, he served as Senior Advisor to the Secretary of Education.</p>
<p>This series of Subject Files contains materials relating to education reform, the Goals 2000: Educate America Act (1994), America Reads initiative, bi-lingual education and the ballot initiative in California which proposed to eliminate bi-lingual instruction and limit the amount of time for bi-lingual students to transition to English only, test standards, teachers, tribal schools, school safety and school violence. The records include correspondence, reports, faxes, emails, handwritten notes, schedules, publications, and memoranda.</p>
Provenance
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Clinton Presidential Records: White House Staff and Office Files
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Clinton Presidential Library & Museum
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318 folders in 24 boxes
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Tribal Colleges: Tribal College Exec. Order Update
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Domestic Policy Council
Michael Cohen
Subject Files
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2012-0160-S
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Box 22
<a href="http://clintonlibrary.gov/assets/Documents/Finding-Aids/Systematic/2012-0160-S-Cohen.pdf" target="_blank">Collection Finding Aid</a>
<a href="https://catalog.archives.gov/id/7763316" target="_blank">National Archives Catalog Description</a>
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Clinton Presidential Records: White House Staff and Office Files
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Adobe Acrobat Document
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8/12/2013
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2012-0160-S-tribal-colleges-tribal-college-exec-order-update
7763316