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Executive Order 11971 Constitutional Fidelity (+0.44)

Executive Order 11971—Director of the Federal Bureau of Investigation

Jimmy Carter Jimmy Carter
•
Friday, February 11, 1977
•
3 min read (557 words)

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

This executive order, signed by President Jimmy Carter on 1977-02-11, establishes federal administrative policy concerning "Director of the Federal Bureau of Investigation." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

Constitutional Assessment: Evaluated against the Fifth Amendment, this action touches upon property or economic rights. An early statesman would insist upon strict adherence to due process of law and the constitutional guarantee that private holdings shall not be encumbered or taken for public purposes without just compensation and lawful process.

Key Directives & Operative Actions

▪ There is hereby established the Committee on Selection of the Director of the Federal Bureau of Investigation, hereinafter referred to as the Committee.
▪ The Committee shall consist of a Chairman and eight other members to be appointed by the President.
▪ The Committee shall conduct inquiries to identify persons who may be qualified to serve as the Director of the Federal Bureau of Investigation, hereinafter referred to as the Director, and shall conduct investigations of those persons to determine their qualifications.
▪ So long as the Committee remains in existence, it shall conduct such additional inquiries and submit such additional reports as may be requested by the President or the Attorney General.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants
Total Words
557
3,542 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
13.9
Post-Grad reading level
Constitutional Polarity
+0.44
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 11971, Jimmy Carter (Feb 11, 1977). Available at https://executiveordersarchive.org/orders/app-executive-order-11971-director-the-federal-bureau-investigation.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
ESTABLISHING THE COMMITTEE ON SELECTION OF THE DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION By virtue of the authority vested in me by the Constitution and statutes of the United States of America, and as President of the United States of America, in accordance with the provisions of the Federal Advisory Committee Act (5 U.S.C. App. I), it is hereby ordered as follows: SECTION l. Establishment of the Committee. There is hereby established the Committee on Selection of the Director of the Federal Bureau of Investigation, hereinafter referred to as the Committee. The Committee shall consist of a Chairman and eight other members to be appointed by the President. SEC. 2. Functions. The Committee shall conduct inquiries to identify persons who may be qualified to serve as the Director of the Federal Bureau of Investigation, hereinafter referred to as the Director, and shall conduct investigations of those persons to determine their qualifications. SEC. 3. Report; Duration. (a) The Committee shall submit to the President and to the Attorney General, within ninety days from the date of this Order, a report listing the names of the five persons whom the Committee considers best qualified to serve as the Director and setting forth such other information as the President or the Attorney General may require. (b) The Committee shall terminate thirty days after submission of its report, unless its duration is extended by the President. So long as the Committee remains in existence, it shall conduct such additional inquiries and submit such additional reports as may be requested by the President or the Attorney General. SEC. 4. Ineligibility of Committee Members. No member of the Committee shall be eligible to be considered as a possible nominee for the position of Director. SEC. 5. Cooperation by Executive Agencies. The Committee is authorized to request, through its Chairman, from any Executive department or agency such information or assistance as the Committee deems necessary to carry out its functions under this Order. Each department or agency shall, to the extent permitted by law, furnish such information or assistance to the Committee. The Committee also is authorized to request from any State agency such information and assistance as the Committee deems necessary, and to obtain such information and assistance to the extent permitted by State law. SEC. 6. Travel Expenses; Administrative Support; Financing. (a) Members of the Committee shall serve without compensation. While engaged in the work of the Committee, members may receive travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5702 and 5703). (b) The Attorney General shall furnish to the Committee necessary staff, supplies, facilities and other administrative services. (c) All necessary expenses incurred in connection with the work of the Committee, to the extent permitted by law, shall be paid from funds available to the Attorney General. SEC. 7. Federal Advisory Committee Act Functions. Notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act (5 U.S.C. App. I), except that of reporting annually to the Congress, which are applicable to the Committee, shall be performed by the Attorney General in accordance with guidelines and procedures established by the Office of Management and Budget. JIMMY CARTER The White House, February 11, 1977. [Filed with the Office of the Federal Register, 1:36 p.m., February 11, 1977]