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]
Executive Order 12013 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.44)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order 12013—Statistical Policy Functions
Executive Brief • At a Glance
⏱️ 5 min read (1,060 words) •
● In Effect
🎯 Primary Mandate
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.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Merchants, Importers & Commercial Enterprises Sovereign State Governments & Localities Executive Departments & Federal Civil Servants
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 October 7, 1977, this order concerns Statistical Policy Functions. 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…
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
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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.".
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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.
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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) .".
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
Policy Areas & Topics
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The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
🏛️✅ Zone 1 (Maximum Authority)
§
"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."
— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
JM
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.
Madisonian Stance: Concurring (Statutory)
AH
Alexander Hamilton
The Energetic Executive & Unified Command
"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)
Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.
Hamiltonian Stance: Strong Prerogative Support
GM
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.
Anti-Federalist Stance: Eternal Vigilance Required
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Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
⚖️ Discretionary Twilight Zone
40 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Moderate Friction
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3
Moderate Friction
Executive Scope & Faithfulness
Directs internal executive branch machinery, agency workflows, and federal personnel.
Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment
Moderate Friction
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments
Moderate Friction
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers
Low Friction
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
Benchmark: Express or Implied Congressional Authorization
⚖️
Audit Synthesis
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
ℹ️
How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
1,060
6,419 characters
Estimated Read Time
5 min
@ 200 words / min
Flesch-Kincaid
12.5
High School
Text size:
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Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Ronald Reagan • 1981-08-21
Related Executive Orders
4 orders cited directly in this text, plus related actions from this administration.
EO 11541 Jul 1, 1970
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11541—Prescribing the Duties of the Office of Management and Budget and the Domestic Council in the Executive Office of the President
📜 Art. II §1: Executive Discretion & Internal Operations
All functions transferred to the President of the United States by Part I of the Plan (including the function vested by section 102(f) of designating the officials of the Office of Management and Budget who shall act as Director during the absence or disability of the Deputy…
Richard Nixon Post-Graduate Legal • 2m
EO 10253 Jun 11, 1951
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 10253—Providing for the Improvement of the Work of Federal Executive Agencies with Respect to Statistical Information
📜 Art. I §8: Delegated Tariff & Commerce Execution
The Director of the Bureau of the Budget (hereinafter referred to as the Director) shall develop programs, and issue regulations and orders, for the improved gathering, compiling, analyzing, publishing, and disseminating of statistical information for any purpose by the various…
Harry S Truman Post-Graduate Legal • 3m
EO 10033 Feb 8, 1949
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 10033—Regulations Governing the Providing of Statistical Information to Intergovernmental Organizations
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Except as provided in section 2 hereof, the Director of the Bureau of the Budget, hereinafter referred to as the Director, (a) shall determine, with the concurrence of the Secretary of State, what statistical information shall be provided in response to official requests…
Harry S Truman Post-Graduate Legal • 3m
EO 11961 Jan 19, 1977
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11961—Administration of the International Investment Survey Act of 1976
📜 Art. I §8: Delegated Tariff & Commerce Execution
All the functions vested in the President by the International Investment Survey Act of 1976 (90 Stat. 2059, 22 U.S.C. 3101), hereinafter referred to as the Act, are hereby delegated to the Director of the Office of Management and Budget, hereinafter referred to as the Director.
Gerald R. Ford College Level • 2m
EO 12012 Oct 3, 1977
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12012—White House Fellowships
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order No. 111'83, as amended, is further amended as follows: SECTION 1. The word "young" is deleted wherever it appears in the preamble and in Section 2(a). SEC. 2.
Jimmy Carter High School • 1m
EO 12011 Sep 30, 1977
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12011—Exemption From Mandatory Retirement
📜 Art. II §1: Executive Discretion & Internal Operations
Joseph Minetti, Member, Civil Aeronautics Board, became subject to mandatory retirement for age on July 31, 1977, under the provisions of Section 8335 of Title 5 of the United States Code unless exempted by Executive Order.
Jimmy Carter High School • 1m
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Scholarly & Legal Citations
Exec. Order No. 12,013 (Oct. 7, 1977), https://executiveordersarchive.org/orders/app-executive-order-12013-statistical-policy-functions.
