By virtue of the authority vested in me as President of the United States of America, it is hereby ordered as follows: Energy Policy Office SECTION 1. There is hereby established in the Executive Office of the President an Energy Policy Office. The office shall be under the immediate supervision and direction of a Director of the Energy Policy Office who shall be designated or appointed by the President. Functions of the Director SEC. 2 (a). The Director shall be the Administration's chief policy officer with respect to energy matters, and shall be the President's principal adviser concerning those matters. (b) The Director shall also be responsible for— (1) identifying major problems, present and prospective, in the energy areas; (2) making policy recommendations to the President with respect to energy matters; (3) working with executive branch agencies and outside groups in reviewing policy alternatives with respect to energy matters; (4) reviewing, commenting on, and making separate recommendations on all other energy-related matters which require Presidential attention; (5) insuring that executive branch agencies develop short- and long-range plans for dealing with energy matters; (6) monitoring the implementation of approved energy policies with the assistance of the Office of Management and Budget; (7) providing guidance and direction to the Oil Policy Committee and its Chairman in the performance of its functions; (8) providing advice to the Cost of Living Council concerning energy matters; (9) assuring the development of comprehensive plans and programs to assure the availability of adequate and dependable supplies of energy; and (10) initiating studies to be carried out by the appropriate Government agencies. Support SEC. 3 (a). Necessary expenses of the Energy Policy Office may be paid from the Emergency Fund of the President or from such other funds as may be available. (b) The Administrator of General Services shall provide, on a reimbursable basis, such administrative support as may be needed by the Energy Policy Office. (c) All departments and agencies of the executive branch shall, to the extent permitted by law, provide assistance and information to the Director of the Energy Policy Office. SEC. 4. The Director of the Energy Policy Office shall make a report to the President, for transmission to the Congress, no later than March 15, 1974, concerning actions that have been taken and actions that should be taken to carry out the purposes of this order. Supersedure SEC. 5. Executive Order No. 11712 of April 18, 1973, is hereby superseded and the Special Committee on Energy and the National Energy Office are hereby abolished. RICHARD NIXON The White House, June 29, 1973.
Executive Order 11726—Energy Policy Office
Executive Brief • At a Glance
There is hereby established in the Executive Office of the President an Energy Policy Office.
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 June 29, 1973, this order concerns Energy Policy Office. Energy Policy Office SECTION 1. There is hereby established in the Executive Office of the President an Energy Policy Office. The office shall be under the immediate supervision and direction of a Director of the Energy Policy Office who shall be designated or appointed by the President. Functions of the Director SEC. 2 (a).
Key Directives & Operative Actions
There is hereby established in the Executive Office of the President an Energy Policy Office.
The office shall be under the immediate supervision and direction of a Director of the Energy Policy Office who shall be designated or appointed by the President.
The Director shall be the Administration's chief policy officer with respect to energy matters, and shall be the President's principal adviser concerning those matters.
The Director shall also be responsible for— (1) identifying major problems, present and prospective, in the energy areas; (2) making policy recommendations to the President with respect to energy matters; (3) working with executive branch agencies and outside groups in reviewing policy alternatives with respect to energy matters; (4) reviewing, commenting on, and making separate recommendations on all other energy-related matters which require Presidential attention; (5) insuring that executive branch agencies develop short- and long-range plans for dealing with energy matters; (6) monitoring the implementation of approved energy policies with the assistance of the Office of Management and Budget; (7) providing guidance and direction to…
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
"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)
Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.
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
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
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 (2)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 11,726 (June 29, 1973), https://executiveordersarchive.org/orders/app-executive-order-11726-energy-policy-office.