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Executive Order 12013 Constitutional Fidelity (+0.44)

Executive Order 12013—Statistical Policy Functions

Jimmy Carter Jimmy Carter
•
Friday, October 7, 1977
•
5 min read (1,060 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 1977-10-07, establishes federal administrative policy concerning "Statistical Policy Functions." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.

Key Directives & Operative Actions

▪ 11541 of July 1, 1970, is amended by adding thereto the following new subsection: "(c) The delegation to the Director of the Office of Management and Budget, pursuant to subsection (a) of this Section, of the functions vested in the Director of the Bureau of the Budget by Section 103 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C.
▪ 10253 of June 11, 1951, is amended as follows: (a) "Director of the Bureau of the Budget" is deleted in Section 1 and "Secretary of Commerce" is substituted.
▪ The performance of the functions vested in the Secretary by this Order shall be subject to any authority or responsibility vested in the Director of the Office of Management and Budget, including Chapter 35 of Title 44 of the United States Code (the Federal Reports Act) .".
▪ 10033, as amended, is .further amended as follows: (a) "Director of the Bureau of the Budget" is deleted in Section 1 and "Secretary of Commerce" is substituted.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Public Health & Medical Institutions
Total Words
1,060
6,419 characters
Estimated Read Time
5 min
@ 200 words / min
Flesch-Kincaid
12.5
Post-Grad reading level
Constitutional Polarity
+0.44
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 12013, Jimmy Carter (Oct 7, 1977). Available at https://executiveordersarchive.org/orders/app-executive-order-12013-statistical-policy-functions.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
RELATING TO THE TRANSFER OF CERTAIN STATISTICAL POLICY FUNCTIONS By virtue of the authority vested in me by the Constitution and statutes of the United States of America, including Reorganization Plan No. 2 of 1970 (5 U.S.C. App. II), Section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c), and Section 301 of Title 3 of the United States Code, and as President of the United States of America, in order to transfer certain functions from the Director of the Office of Management and Budget to the Secretary of Commerce and for other purposes, it is hereby ordered as follows: SECTION 1. Section 1 of Executive Order No. 11541 of July 1, 1970, is amended by adding thereto the following new subsection: "(c) The delegation to the Director of the Office of Management and Budget, pursuant to subsection (a) of this Section, of the functions vested in the Director of the Bureau of the Budget by Section 103 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 18b) and subsequently transferred to the President by Part I of Reorganization Plan No. 2 of 1970 (5 U.S.C. App. II) is terminated on October 9, 1977.". SEC. 2. Executive Order No. 10253 of June 11, 1951, is amended as follows: (a) "Director of the Bureau of the Budget" is deleted in Section 1 and "Secretary of Commerce" is substituted. (b) "Director" is deleted wherever it appears in Sections 1, 2, 4, 5, and 6 and "Secretary" is substituted therefor. (c) "Bureau of the Budget" is deleted in Section 6 and "Department of Commerce" is substituted. (d) a new Section 8 is added as follows: "Sec. 8. The performance of the functions vested in the Secretary by this Order shall be subject to any authority or responsibility vested in the Director of the Office of Management and Budget, including Chapter 35 of Title 44 of the United States Code (the Federal Reports Act) .". SEC. 3. Executive Order No. 10033, as amended, is .further amended as follows: (a) "Director of the Bureau of the Budget" is deleted in Section 1 and "Secretary of Commerce" is substituted. (b) "Director" is deleted wherever it appears in Sections 1, 2(a), 2(b), 2(c), 3, 4, and 5 and "Secretary" is substituted therefor. (c) A new Section 7 is added as follows: "Sec. 7. The performance of the functions vested in the Secretary by this Order shall be subject to any authority or responsibility vested in the 'Director of the Office of Management and Budget, including Chapter 35 of Title 44 of the United States Code (the Federal Reports Act) .". SEC. 4. Section 4 of Executive Order No. 11961 of January 19, 1977, is amended by deleting-- "the Council on International Economic Policy shall perform the function of making periodic reports to the Committees of the Congress as set forth in Section 4(a) (3) of the Act" and substituting therefor-- "the Secretary of Commerce shall perform the functions set forth in Sections 4(a) (3) and (5)(c) of the Act". SEC. 5. The records, property, personnel, and unexpended balances of appropriations, available or to be made available, which relate to the functions transferred or reassigned from the Director of the Office of Management and Budget to the Secretary of Commerce by the delegations made in this Order, are hereby transferred to the Secretary of Commerce. SEC. 6. The Director of the Office of Management and Budget shall make such determinations, issue such orders, and take all steps necessary or appropriate to ensure or effectuate the transfers or reassignments provided by this Order, including the transfer of funds, records, property, and personnel. SEC. 7. The Secretary of Commerce shall provide advice to the Director of the Office of Management and Budget with respect to the review and preparation of that portion of the annual Budget of the U.S. Government dealing with the gathering, interpreting, and disseminating of statistics and statistical information. SEC. 8. (a) There is hereby established the Statistical Policy Coordination Committee, hereinafter referred to as the Committee, which shall be composed of the following members, and such other heads of Executive agencies as the President may designate: (1) The Secretary of Commerce, who shall be the Chairman. (2) The Secretary of State. (3) The Secretary of the Treasury. (4) The Secretary of Defense. (5) The Attorney General. (6) The Secretary of the Interior. (7) The Secretary of Agriculture. (8) The Secretary of Labor. (9) The Secretary of Health, Education, and Welfare. (10) The Secretary of Housing and Urban Development. (11) The Secretary of Transportation. (12) The Secretary of Energy. (13) The Chairman, Council of Economic Advisers. (14) The Director of the Office of Management and Budget. (15) The Chairman, Board of Governors of the Federal Reserve System is invited to be a member. (b) The Chairman may designate any other member to act as Chairman during the absence of the Chairman. Each member of the Committee may designate an alternate to serve whenever the regular member is unable to attend any meeting. The Chairman may invite the heads of other Executive agencies or their alternates to participate in Committee deliberations whenever matters which affect the interests of such agencies are to 'be considered. (c) The Committee shall advise and assist the President with respect to the improvement, development, and coordination of Federal and other statistical services, and shall perform such other related duties as the President may prescribe. (d) The Secretary of Commerce, to the extent permitted by law, shall provide such administrative support and such funds as may be necessary to support the functions of the Committee. (e) Executive agencies shall, to the extent permitted by law, provide such information and assistance as the Committee or the Chairman may request to assist in carrying out the functions of the Committee. SEC. 9. Any rules, regulations, orders, directives, circulars, or other actions taken pursuant to the functions transferred or reassigned from the Director of the Office of Management and Budget to the Secretary of Commerce by the delegations made in this Order, shall remain in effect until amended, modified, or revoked pursuant to the delegations made in this Order. SEC. 10. This Order shall be effective October 9, 1977. JIMMY CARTER The White House, October 7, 1977. [Filed with the Office of the Federal Register, 11: 59 a.m., October 11, 1977]