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]
Executive Order 11971—Director of the Federal Bureau of Investigation
Executive Brief • At a Glance
There is hereby established the Committee on Selection of the Director of the Federal Bureau of Investigation, hereinafter referred to as the Committee.
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Jimmy Carter on February 11, 1977, this order concerns Director of the Federal Bureau of Investigation. 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.
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.
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.
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 purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)
George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.
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. 11,971 (Feb. 11, 1977), https://executiveordersarchive.org/orders/app-executive-order-11971-director-the-federal-bureau-investigation.