[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Presidential Documents]
[Pages 29675-29681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11792]




                        Presidential Documents 



Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 29675]]

                Executive Order 14031 of May 28, 2021

                
Advancing Equity, Justice, and Opportunity for 
                Asian Americans, Native Hawaiians, and Pacific 
                Islanders

                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. Asian American, Native Hawaiian, and 
                Pacific Islander (AA and NHPI) individuals and 
                communities are irrefutable sources of our Nation's 
                strength. These communities have molded the American 
                experience, and the achievements of AA and NHPI 
                communities make the United States stronger and more 
                vibrant. The richness of America's multicultural 
                democracy is strengthened by the diversity of AA and 
                NHPI communities and the many cultures and languages of 
                AA and NHPI individuals in the United States.

                Asian American, Native Hawaiian, and Pacific Islander 
                communities together constitute the fastest growing 
                ethnic group in the United States and make rich 
                contributions to our society, our economy, and our 
                culture. Yet for far too long, systemic barriers to 
                equity, justice, and opportunity put the American dream 
                out of reach of many AA and NHPI communities. Many AA 
                and NHPI individuals face persistent disparities in 
                socioeconomic, health, and educational outcomes. 
                Linguistic isolation and lack of access to language-
                assistance services continue to lock many AA and NHPI 
                individuals out of opportunity. Too often Federal data 
                collection practices fail to measure, reflect, and 
                disaggregate the diversity of AA and NHPI experiences. 
                These practices contribute to often painful and 
                enduring stereotypes about Asian Americans as a ``model 
                minority'' and obscure disparities within AA and NHPI 
                communities.

                Our Nation has also seen again that anti-Asian bias, 
                xenophobia, racism, and nativism have deep roots in our 
                Nation. Tragic acts of anti-Asian violence have 
                increased during the COVID-19 pandemic, casting a 
                shadow of fear and grief over many AA and NHPI 
                communities, in particular East Asian communities. Long 
                before this pandemic, AA and NHPI communities in the 
                United States--including South Asian and Southeast 
                Asian communities--have faced persistent xenophobia, 
                religious discrimination, racism, and violence. The 
                Federal Government must provide the moral leadership, 
                policies, and programs to address and end anti-Asian 
                violence and discrimination, and advance inclusion and 
                belonging for all AA and NHPI communities.

                At the same time, many AA and NHPI communities, and in 
                particular Native Hawaiian and Pacific Islander 
                communities, have also been disproportionately burdened 
                by the COVID-19 public health crisis. Evidence suggests 
                that Native Hawaiians and Pacific Islanders are three 
                times more likely to contract COVID-19 compared to 
                white people and nearly twice as likely to die from the 
                disease. On top of these health inequities, many AA and 
                NHPI families and small businesses have faced 
                devastating economic losses during this crisis, which 
                must be addressed.

                As I directed in Executive Order 13985 of January 20, 
                2021 (Advancing Racial Equity and Support for 
                Underserved Communities Through the Federal 
                Government), the entire Federal Government must advance 
                equity and racial justice for underserved communities, 
                which include AA and NHPI communities. As I established 
                in the Presidential Memorandum of January 26, 2021 
                (Condemning and Combating Racism, Xenophobia, and 
                Intolerance

[[Page 29676]]

                Against Asian Americans and Pacific Islanders in the 
                United States), it is the policy of my Administration 
                to address and confront racism, xenophobia, and 
                intolerance. The purpose of this order is to build on 
                those policies by establishing the President's Advisory 
                Commission on Asian Americans, Native Hawaiians, and 
                Pacific Islanders and the White House Initiative on 
                Asian Americans, Native Hawaiians, and Pacific 
                Islanders. Both will work to advance equity, justice, 
                and opportunity for AA and NHPI communities in the 
                United States.

                Sec. 2. President's Advisory Commission on Asian 
                Americans, Native Hawaiians, and Pacific Islanders. (a) 
                There is established in the Department of Health and 
                Human Services the President's Advisory Commission on 
                Asian Americans, Native Hawaiians, and Pacific 
                Islanders (Commission).

                    (b) The Commission shall be led by two Co-Chairs, 
                one of whom shall be the Secretary of Health and Human 
                Services, the other of whom shall be the head of an 
                executive department or agency (agency) designated by 
                the President. The Commission shall provide advice to 
                the President, in close coordination with the Deputy 
                Assistant to the President and Asian American, Native 
                Hawaiian, and Pacific Islander Senior Liaison, on:

(i) the development, monitoring, and coordination of executive branch 
efforts to advance equity, justice, and opportunity for AA and NHPI 
communities in the United States, including efforts to close gaps in 
health, socioeconomic, employment, and educational outcomes;

(ii) policies to address and end anti-Asian bias, xenophobia, racism, and 
nativism, and opportunities for the executive branch to advance inclusion, 
belonging, and public awareness of the diversity and accomplishments of AA 
and NHPI people, cultures, and histories;

(iii) policies, programs, and initiatives to prevent, report, respond to, 
and track anti-Asian hate crimes and hate incidents;

(iv) ways in which the Federal Government can build on the capacity and 
contributions of AA and NHPI communities through equitable Federal funding, 
grantmaking, and employment opportunities;

(v) policies and practices to improve research and equitable data 
disaggregation regarding AA and NHPI communities;

(vi) policies and practices to improve language access services to ensure 
AA and NHPI communities can access Federal programs and services; and

(vii) strategies to increase public- and private-sector collaboration, and 
community involvement in improving the safety and socioeconomic, health, 
educational, occupational, and environmental well-being of AA and NHPI 
communities.

                    (c) The Commission shall consist of 25 members 
                appointed by the President. The Commission shall 
                include members who:

(i) have a history of advancing equity, justice, and opportunity for AA and 
NHPI communities;

(ii) represent diverse sectors, including education, commerce, business, 
health, human services, housing, the environment, the arts, agriculture, 
labor and employment, transportation, justice, veterans affairs, economic 
and community development, immigration, law, and national security;

(iii) are from organizations or associations representing one or more of 
the diverse AA and NHPI communities;

(iv) have personal or professional experience addressing intersectional 
barriers faced by AA and NHPI communities, such as discrimination or lack 
of access to opportunity based on country of origin, immigration status, 
disability, age, or sex, including based on sexual orientation and gender 
identity; or

(v) have such other experience as the President deems appropriate.

[[Page 29677]]

                    (d) The Secretary of Health and Human Services 
                shall designate an Executive Director of the Commission 
                (Executive Director). The Executive Director shall 
                report to the Secretary of Health and Human Services, 
                in coordination with the other Co-Chair of the 
                Commission and the Deputy Assistant to the President 
                and Asian American, Native Hawaiian, and Pacific 
                Islander Senior Liaison.

(i) The Department of Health and Human Services shall provide funding and 
administrative support for the Commission to the extent permitted by law 
and within existing appropriations, and may, as necessary and appropriate 
under section 1535 of title 31, United States Code, enter into one or more 
agreements to obtain goods or services from one or more agencies in support 
of the Commission.

(ii) The heads of other agencies shall assist and provide information to 
the Commission, consistent with applicable law, as may be necessary to 
carry out its functions. Each agency shall bear its own expenses of 
assisting the Commission.

(iii) Members of the Commission 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 the Government 
service (5 U.S.C. 5701-5707). Insofar as the Federal Advisory Committee 
Act, as amended (5 U.S.C. App.) (the ``Act''), may apply to the 
administration of the Commission, any functions of the President under the 
Act, except that of reporting to the Congress, shall be performed by the 
Secretary of Health and Human Services, in accordance with the guidelines 
issued by the Administrator of General Services.

                    (e) The Commission shall terminate 2 years from the 
                date of this order, unless sooner renewed by the 
                President.

                Sec. 3. White House Initiative on Asian Americans, 
                Native Hawaiians, and Pacific Islanders. (a) There is 
                established the White House Initiative on Asian 
                Americans, Native Hawaiians, and Pacific Islanders 
                (Initiative), a Federal interagency working group. The 
                Initiative shall be led by two Co-Chairs, one of whom 
                shall be the Secretary of Health and Human Services, 
                the other of whom shall be the head of an agency 
                designated by the President. The Executive Director of 
                the Commission established in section 2(d) of this 
                order shall also serve as the Executive Director of the 
                Initiative, reporting to the Secretary of Health and 
                Human Services, in coordination with the other Co-Chair 
                of the Initiative and the Deputy Assistant to the 
                President and Asian American, Native Hawaiian, and 
                Pacific Islander Senior Liaison.

                    (b) The Initiative shall advance equity, justice, 
                and opportunity for AA and NHPI communities by 
                coordinating Federal interagency policymaking and 
                program development efforts to eliminate barriers to 
                equity, justice, and opportunity faced by AA and NHPI 
                communities, including by advancing policies, programs, 
                and initiatives. In developing and implementing such 
                policies, programs, and initiatives, the Co-Chairs of 
                the Initiative and the Executive Director shall 
                coordinate closely with the Deputy Assistant to the 
                President and Asian American, Native Hawaiian, and 
                Pacific Islander Senior Liaison. To support 
                implementation of a whole-of-government approach to 
                equity and racial justice, as established in Executive 
                Order 13985, the Assistant to the President for 
                Domestic Policy and the Director of the Office of 
                Management and Budget shall coordinate closely with the 
                Co-Chairs of the Initiative and the Executive Director 
                to ensure that the needs and voices of AA and NHPI 
                communities are considered in the efforts of my 
                Administration to advance equity and civil rights.
                    In particular, the Initiative shall advance efforts 
                to:

(i) identify and eliminate any existing institutional policies or barriers 
within Federal programs and services that may disadvantage or burden AA and 
NHPI communities;

(ii) improve safety, access to justice, and violence prevention for AA and 
NHPI communities, including by preventing, reporting, addressing,

[[Page 29678]]

and better tracking acts of hate and bias (such as acts of hate and bias at 
the intersection of gender-based violence);

(iii) promote inclusion and belonging for AA and NHPI communities, 
including by expanding public education and knowledge of AA and NHPI people 
and their diverse cultures, languages, and histories;

(iv) expand the collection and use of disaggregated data at the Federal, 
State and local level on AA and NHPI communities, and facilitate improved 
research on policy and program outcomes for AA and NHPI communities, in 
coordination with the Interagency Working Group on Equitable Data 
established by Executive Order 13985;

(v) end language access and other barriers faced by AA and NHPI communities 
in accessing government benefits and services;

(vi) improve health outcomes, eliminate health disparities, and expand 
access to quality, affordable, and culturally competent medical and mental 
healthcare services for AA and NHPI individuals and communities;

(vii) end disparities in educational outcomes for AA and NHPI youth and 
students of all ages, and address barriers to learning, including bullying, 
harassment, and other forms of discrimination at school;

(viii) address the concentration of poverty facing many AA and NHPI 
communities, including by identifying and addressing disparities in access 
to safe, affordable housing and homeownership;

(ix) expand economic opportunity for AA and NHPI families, including by 
advancing opportunities for AA and NHPI entrepreneurs and small businesses, 
supporting access to jobs and workforce training for AA and NHPI 
communities, promoting AA and NHPI participation and success in the private 
sector, ensuring workplaces are free from race and national origin 
harassment and other forms of employment discrimination, and ensuring AA 
and NHPI communities can access consumer and finance protections;

(x) increase opportunities for civic engagement, such as electoral 
participation, within AA and NHPI communities;

(xi) improve the equitable allocation of Federal resources, including 
through Federal funds, contracts, grants, and awards, to AA and NHPI 
communities and AA and NHPI-serving organizations;

(xii) support AA and NHPI communities in responding to and recovering from 
national or regional crises and public health emergencies, including the 
COVID-19 pandemic and related economic crisis;

(xiii) secure climate and environmental justice for AA and NHPI communities 
who are particularly impacted by the climate crisis and are overburdened by 
environmental degradation; and

(xiv) identify ways to foster the recruitment, career and leadership 
development, retention, advancement, and participation of AA and NHPI 
public servants at all levels of the Federal workforce.

                    (c) In addition to the Co-Chairs, the Initiative 
                shall consist of senior officials from the following 
                agencies and offices, designated by the heads thereof:

(i) the Office of the Vice President;

(ii) the Department of State;

(iii) the Department of the Treasury;

(iv) the Department of Defense;

(v) the Department of Justice;

(vi) the Department of the Interior;

(vii) the Department of Agriculture;

(viii) the Department of Commerce;

[[Page 29679]]

(ix) the Department of Labor;

(x) the Department of Health and Human Services;

(xi) the Department of Housing and Urban Development;

(xii) the Department of Energy;

(xiii) the Department of Education;

(xiv) the Department of Veterans Affairs;

(xv) the Department of Homeland Security;

(xvi) the Environmental Protection Agency;

(xvii) the Office of Management and Budget;

(xviii) the Office of the United States Trade Representative;

(xix) the Small Business Administration;

(xx) the Office of Science and Technology Policy;

(xxi) the National Security Council;

(xxii) the National Economic Council;

(xxiii) the Domestic Policy Council;

(xxiv) the Gender Policy Council;

(xxv) the Council on Environmental Quality;

(xxvi) the White House Office of Cabinet Affairs;

(xxvii) the White House Office of Intergovernmental Affairs;

(xxviii) the White House Office of Public Engagement;

(xxix) the White House Office of Presidential Personnel;

(xxx) the Social Security Administration;

(xxxi) the General Services Administration;

(xxxii) the United States Agency for International Development;

(xxxiii) the Office of Personnel Management;

(xxxiv) the Equal Employment Opportunity Commission; and

(xxxv) other agencies and offices as the President may, from time to time, 
designate.

                At the direction of the Co-Chairs, the Initiative may 
                establish subgroups consisting exclusively of 
                Initiative members or their designees, as appropriate. 
                To the extent permitted by law, members of the 
                Initiative, or their designees, shall devote the time, 
                skill, and resources necessary and adequate to carry 
                out the functions of the Initiative. Each agency and 
                office shall bear its own expenses for participating in 
                the Initiative.

                    (d) The Department of Health and Human Services 
                shall provide funding and administrative support for 
                the Initiative to the extent permitted by law and 
                within existing appropriations, and may, as necessary 
                and appropriate under section 1535 of title 31, United 
                States Code, enter into one or more agreements to 
                obtain goods or services from one or more agencies in 
                support of the Initiative.
                    (e) Each agency in the Initiative shall prepare a 
                plan (agency plan) outlining measurable actions the 
                agency is considering or will take to advance equity, 
                justice, and opportunity for AA and NHPI communities, 
                including plans to implement the policy goals outlined 
                in subsection (b) of this section. Agencies shall 
                report their plans to the Co-Chairs of the Initiative 
                and the Executive Director on a frequency established 
                by the Executive Director. In developing such plans, 
                officials participating in the Initiative shall seek 
                opportunities to engage with employee affinity groups 
                or Federal networks representing AA and NHPI public 
                servants.

(i) Each such agency shall assess and report to the Co-Chairs of the 
Initiative and the Executive Director on its progress in implementing its

[[Page 29680]]

respective agency plan on a regular basis as established by the Co-Chairs 
of the Initiative and the Executive Director.

(ii) On an annual basis, the Co-Chairs of the Initiative shall develop and 
submit to the President a report outlining a Government-wide interagency 
plan to advance equity, justice, and opportunity for AA and NHPI 
communities, and progress made in implementing the policy goals outlined in 
subsection (b) of this section.

                    (f) The Initiative shall coordinate with and 
                support the existing regional network of Federal 
                officials who facilitate improved communication, 
                engagement, and coordination between the Federal 
                Government and AA and NHPI communities throughout the 
                United States (Regional Network). Agencies identified 
                as participants in the Initiative shall seek 
                opportunities, consistent with applicable law and 
                available resources, to provide support and resources 
                to the Regional Network through each agency's 
                respective regional offices. The Executive Director 
                shall coordinate the efforts of the Regional Network, 
                and may establish regular reporting and information-
                sharing activities between the Regional Network and the 
                Initiative.

                Sec. 4. General Provisions. (a) This order supersedes 
                Executive Order 13125 of June 7, 1999 (Increasing 
                Participation of Asian Americans and Pacific Islanders 
                in Federal Programs); Executive Order 13339 of May 13, 
                2004 (Increasing Economic Opportunity and Business 
                Participation of Asian Americans and Pacific 
                Islanders); Executive Order 13515 of October 14, 2009 
                (Increasing Participation of Asian Americans and 
                Pacific Islanders in Federal Programs); and Executive 
                Order 13872 of May 13, 2019 (Economic Empowerment of 
                Asian Americans and Pacific Islanders).

                    (b) 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.

                    (c) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.
                    (d) For purposes of this order, references to 
                executive departments and agencies shall not include 
                the agencies described in section 3502(5) of title 44, 
                United States Code. Independent regulatory agencies are 
                strongly encouraged to comply with the provisions of 
                this order.

[[Page 29681]]

                    (e) 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.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    May 28, 2021.

[FR Doc. 2021-11792
Filed 6-2-21; 8:45 am]
Billing code 3295-F1-P