Sound public policy requires a continuing appraisal of the relation of Federal educational activities to the educational needs and goals of the Nation and to its educational systems and institutions. The scope of, and program outlays for, Federal educational activities have been expanded greatly and have a significant influence on education in this country and on the American people. Many Federal agencies are involved, both directly and indirectly, in carrying on educational programs either as Federal activities or in cooperation with State and local units of government. Continued close coordination of Federal educational activities will facilitate the resolution of common problems and otherwise promote effective planning and management of such activities. Under the direction of the Secretary of Health, Education, and Welfare (hereinafter referred to as the Secretary), the Office of Education is directed by law to collect data on the progress of education, provide information to aid in the maintenance of efficient school systems, and otherwise promote the cause of education throughout the country (20 U.S.C. 1221c). Now, THEREFORE, by virtue of the authority vested in me as President of the United States, it is hereby ordered as follows: SECTION 1. Functions of the Secretary of Health, Education, and Welfare. The Secretary, with the assistance of the Assistant Secretary for Education, shall identify the education needs and goals of the Nation and from time to time shall recommend to the President policies for promoting the progress of education. SEC. 2. Functions of the Assistant Secretary for Education. Under the direction of the Secretary, the Assistant Secretary for Education shall: (1) study the current effects of Federal activities upon the educational programs of State, local and nonprofit educational institutions, assess future trends of such activities, and (taking into consideration the relationship between education and policies in fields such as manpower development, defense, military manpower, economic growth, and science) develop recommendations for educational activities, or for coordination of policies affecting such activities; (2) exercise leadership in seeking timely resolution of differences of opinion concerning policies or administrative practices with respect to Federal educational activities affecting educational institutions; (3) make appropriate arrangements for obtaining advice and information, including establishment of ad hoc working groups to consider special problems, and for utilizing existing interagency machinery wherever appropriate; and (4) exercise initiative in obtaining pertinent and consistent data permitting an overview of Federal educational activities. SEC. 3. Agency Responsibilities. The heads of Federal agencies, as to their respective education related programs, shall: (1) insofar as practicable, take such actions as may be necessary to assure: (A) conformity of their programs with the educational goals and policies of the Nation, as identified by the Secretary, and (B) consistent administrative policies and practices among Federal agencies in the conduct of similar programs; (2) keep each other fully and currently informed in order to achieve coordinated planning and prevent unnecessary duplication of activities; (3) provide information requested by the Secretary or the Assistant Secretary for Education on educational matters; and (4) cooperate with the Secretary and the Assistant Secretary for Education in the conduct of such studies and analyses as may be necessary to carry out the responsibilities and duties assigned by this order. To this end the heads of Federal agencies shall maintain information on current and planned activities that can readily be analyzed in conjunction with information on related activities of other Federal agencies. SEC. 4. Establishment and functions of a Federal Interagency Committee on Education. (a) There is hereby continued the "Federal Interagency Committee on Education" (hereinafter referred to as the "Committee"). (b) The Committee shall advise the Secretary, the Assistant Secretary for Education, and the heads of Federal agencies in connection with the responsibilities assigned to them by this order. (c) The Committee shall be composed of the Assistant Secretary for Education, who shall be the chairman, the Commissioner of Education, the Director of the National Institute of Education, and one appropriate representative of each of the following: the Department of State, the Department of Defense, the Department of Agriculture, the Department of Labor, the National Science Foundation, the Atomic Energy Commission, and the National Aeronautics and Space Administration. (d) The chairman may invite Federal agencies, in addition to those which are represented on the Committee under the provisions of subsection (c) of this Section, to designate representatives to participate in meetings of the Committee on matters of substantial interest to such agencies which are to be considered by the Committee. (e) The Director of the Office of Management and Budget and the Chairman of the Council of Economic Advisers may each designate a member of his staff to attend meetings of the Committee as an observer. SEC. 5. Construction. Nothing in this order shall be construed as subjecting any Federal agency, or any function vested by law in, or assigned pursuant to law to, any Federal agency, to the authority of any other Federal agency, or as abrogating or restricting any such function in any manner. SEC. 6. Definition. Except as may be inconsistent with the provisions of this order or otherwise inappropriate, the term "Federal agency", as used herein, includes any department or other agency or instrumentality (including officers) of the executive branch of the Government of the United States. SEC. 7. Executive Order No. 11185 of October 16, 1964, Executive Order No. 11260 of December 11, 1965, and Executive Order No. 11661 of March 24, 1972, are hereby superseded. RICHARD NIXON The White House, January 17, 1974.
Executive Order 11761—To Facilitate Coordination of Federal Education Programs
Executive Brief • At a Glance
The Secretary, with the assistance of the Assistant Secretary for Education, shall identify the education needs and goals of the Nation and from time to time shall recommend to the President policies for promoting the progress of education.
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Richard Nixon on January 17, 1974, this order concerns To Facilitate Coordination of Federal Education Programs. Sound public policy requires a continuing appraisal of the relation of Federal educational activities to the educational needs and goals of the Nation and to its educational systems and institutions. The scope of, and program outlays for, Federal educational activities have been expanded greatly and have a significant influence on education in this country and on the American people.
Key Directives & Operative Actions
The Secretary, with the assistance of the Assistant Secretary for Education, shall identify the education needs and goals of the Nation and from time to time shall recommend to the President policies for promoting the progress of education.
Under the direction of the Secretary, the Assistant Secretary for Education shall: (1) study the current effects of Federal activities upon the educational programs of State, local and nonprofit educational institutions, assess future trends of such activities, and (taking into consideration the relationship between education and policies in fields such as manpower development, defense, military manpower, economic growth, and science) develop recommendations for educational activities, or for coordination of policies affecting such activities; (2) exercise leadership in seeking timely resolution of differences of opinion concerning policies or administrative practices with respect to Federal educational activities affecting educational…
The heads of Federal agencies, as to their respective education related programs, shall: (1) insofar as practicable, take such actions as may be necessary to assure: (A) conformity of their programs with the educational goals and policies of the Nation, as identified by the Secretary, and (B) consistent administrative policies and practices among Federal agencies in the conduct of similar programs; (2) keep each other fully and currently informed in order to achieve coordinated planning and prevent unnecessary duplication of activities; (3) provide information requested by the Secretary or the Assistant Secretary for Education on educational matters; and (4) cooperate with the Secretary and the Assistant Secretary for Education in the…
To this end the heads of Federal agencies shall maintain information on current and planned activities that can readily be analyzed in conjunction with information on related activities of other Federal agencies.
Constitutional & Societal Entities Impacted
Policy Areas & Topics
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."
James Madison
Separation of Powers & Legislative Primacy
"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)
Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.
Alexander Hamilton
The Energetic Executive & Unified Command
"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)
Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Executive Scope & Faithfulness
Directs internal executive branch machinery, agency workflows, and federal personnel.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 11,761 (Jan. 17, 1974), https://executiveordersarchive.org/orders/app-executive-order-11761-facilitate-coordination-federal-education-programs.