Executive Order 14049 · Signed Oct 11, 2021

86 FR 57313 · Published Oct 14, 2021 · Effective on signing

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

Native American educationTribal Colleges and Universitieseducational equityfederal coordinationNative language preservation

Signed by President Joseph R. Biden Jr.

Establishes a White House Initiative housed in the Department of Education to advance educational equity and economic opportunity for Native Americans, with the Secretaries of Education, Interior, and Labor as co-chairs, and revokes the predecessor 2011 order on the same subject.

Creates a coordinating body to align federal agency efforts around Native language preservation, Tribal College and University support, and closing K-12 and higher-education attainment gaps that were deepened by the COVID-19 pandemic.

What this order does

What it orders

The order establishes the White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Native Americans and Strengthening Tribal Colleges and Universities, housed in the Department of Education and co-chaired by the Secretaries of Education, Interior, and Labor. It directs the Initiative to consult with Tribal Nations and Alaska Native Entities, identify evidence-based practices, monitor federal agency programs, develop partnerships, and advise the co-chairs on policy. It instructs the Executive Director to negotiate Memoranda of Agreement with the Bureau of Indian Education, the Administration for Native Americans, and the Indian Health Service. It requires each agency on the White House Council on Native American Affairs Education Committee to submit an Agency Plan with measurable goals, and directs the co-chairs to report annually to the President.

The order does not itself appropriate funds, change any regulation, or alter the legal status of any federal program. Implementation depends on future agency plans, MOA negotiations, and rulemaking. The order explicitly notes it creates no enforceable rights or benefits.

Who it affects

Native American and Alaska Native students at all levels — early childhood through postsecondary — including those in Bureau of Indian Education schools, Tribal Colleges and Universities, and urban and rural public schools. Federal agencies directed to coordinate include the Departments of Education, Interior, Labor, and Health and Human Services.

Why it matters

Native American students, who experienced the steepest decline in undergraduate enrollment from 2020 to 2021, gain a dedicated federal coordination body focused on their educational outcomes. Tribal Colleges and Universities, often the only postsecondary option in economically distressed rural areas, are named as a priority for expanded federal program access.

What must happen and when

How the order is supposed to work

The Initiative is seated in the Department of Education, which also funds and staffs it. The Executive Director chairs the WHCNAA Education Committee and negotiates separate MOAs with BIE, ANA, and IHS within 180 days. Agencies on the Education Committee then submit individual Agency Plans on a schedule the co-chairs set, and report progress on a regular basis. The co-chairs synthesize agency progress and report annually to the President; enforcement relies on reporting requirements rather than penalties.

Actions and deadlines

  • Designate an Executive Director for the InitiativeNo deadline specified
  • Complete Memoranda of Agreement between the Initiative and the Bureau of Indian Education, Administration for Native Americans, and Indian Health ServiceWithin 180 days of signing
  • Each WHCNAA Education Committee agency submits an Agency Plan with measurable actions to advance educational equity for Native AmericansNo deadline specified
  • Co-Chairs report to the President on the Initiative's progress in carrying out its mission and objectivesWithin 1 year of signing, and annually thereafter

Agencies directed to act

Department of EducationDepartment of the InteriorDepartment of LaborDepartment of Health and Human ServicesBureau of Indian EducationAdministration for Native AmericansIndian Health Service

Authority and reach

Authorities cited

Article II

Constitutional grant of executive power to the President.

Elementary and Secondary Education Act of 1965, 20 U.S.C. 7471

Federal K-12 education law governing the National Advisory Council on Indian Education.

Tribally Controlled Colleges and Universities Assistance Act of 1978

Federal law providing funding eligibility for Tribal Colleges and Universities.

What this order changes

Revokes Executive Order 13592

Executive Order

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