By the authority vested in me as President by the Constitution of the United States of America, and in order to establish, pursuant to the provisions of the Federal Advisory Committee Act (5 U.S.C. App. I), a balanced forum to review the state of the Nation's coal industry, it is hereby ordered as follows: 1- 1. Establishment and Membership. 1-101. There is hereby established the President's Commission on the Coal Industry. 1-102. The membership of the Commission shall be as follows: (a) Five members shall be appointed by the President. One shall represent the interests of labor, one shall represent management and three shall represent the general public. The labor and management representatives shall be chosen from among candidates recommended by the United Mine Workers of America and the Bituminous Coal Operators Association of America, but shall not be members of these organizations. The President shall designate one of the members representing the general public to chair the Commission. (b) The President of the Senate and the Speaker of the House of Representatives may designate three members of their respective Houses to serve as nonvoting members of the Commission. (c) The Secretary of Labor and the Secretary of Energy or their designees shall also serve as non-voting members of the Commission. 1-2. Functions. 1-201. The Commission shall conduct a comprehensive review of the state of the coal industry in the United States with particular emphasis on matters pertaining to productivity, capital investment, and the general economic health of the industry; collective bargaining, grievance procedures, and such other aspects of labormanagement relations as the Commission deems appropriate; health, safety and living conditions in the Nation's coal fields; the development and application of new technologies to the industry; the impact on the coal industry of Federal regulations; and such other matters as the Commission deems appropriate. 1-202. The five members appointed by the President shall prepare and transmit a final report of their findings and recommendations to the President, the Secretary of Labor and the Secretary of Energy. 1-203. To assist the Commission in the exercise of its functions, the Commission may sponsor a White House Conference on the future of the coal industry. 1-3. Administration. 1-301. To the extent authorized by law, the General Services Administration shall provide the Commission with all necessary administrative services, facilities and support on a reimbursable basis. 1-302. The Department of Labor and the Department of Energy shall, to the extent permitted by law and subject to the availability of funds, provide the Commission with such information, advice, services and funds as may be necessary for the effective performance of its functions. 1-303. Each member of the Commission who is not otherwise employed in the Government may receive compensation at the rate now or hereafter prescribed by law for GS-15 of the General Schedule for each day such member is engaged in the work of the Commission. Each member may also receive travel expenses, including per diem in lieu of subsistence (5 U.S.C. 5702 and 5703). 1-304. The functions of the President under the Federal Advisory Committee Act (5 U.S.C. App. I) which are applicable to the Commission, except that of reporting annually to the Congress, shall be performed by the Administrator of General Services. 1-4. Final Report and Termination. 1-401. The final report required by Section 1-202 of this Order shall be transmitted not later than one year from the date of the first meeting of the Commission. 1-402. The Commission shall terminate thirty days after submission of its final report. JIMMY CARTER The White House, May 26, 1978. [Filed with the Office of the Federal Register, 12:06 p.m., May 30, 1978]
Executive Order 12062—President's Commission on the Coal Industry
Executive Brief • At a Glance
There is hereby established the President's Commission on the Coal Industry. 1-102.
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 May 26, 1978, this order concerns President's Commission on the Coal Industry. Establishment and Membership. 1-101. There is hereby established the President's Commission on the Coal Industry. 1-102. The membership of the Commission shall be as follows: (a) Five members shall be appointed by the President. One shall represent the interests of labor, one shall represent management and three shall represent the general public.
Key Directives & Operative Actions
There is hereby established the President's Commission on the Coal Industry. 1-102.
The membership of the Commission shall be as follows: (a) Five members shall be appointed by the President.
One shall represent the interests of labor, one shall represent management and three shall represent the general public.
The labor and management representatives shall be chosen from among candidates recommended by the United Mine Workers of America and the Bituminous Coal Operators Association of America, but shall not be members of these organizations.
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 (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 12,062 (May 26, 1978), https://executiveordersarchive.org/orders/app-executive-order-12062-presidents-commission-the-coal-industry.