By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to create, in accordance with the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App. I), an advisory committee on radioactive waste management, it is hereby ordered as follows: 1-1. Establishment. 1-101. There is established the State Planning Council on Radioactive Waste Management. 1-102. The Council shall be composed of eighteen members as follows: (a) Fourteen members designated by the President as follows: (1) Eight Governors of the various states. (2) Five state and local elected government officials other than governors. (3) One tribal government representative. (b) The heads of the following Executive agencies: (1) Department of the Interior. (2) Department of Transportation. (3) Department of Energy. (4) Environmental Protection Agency. (c) The Chairman of the Nuclear Regulatory Commission is invited to participate in the activities of the Council; representatives of other departments and of United States territories and the Trust Territory of the Pacific Islands are invited to take part in the activities of the Council when matters affecting them are considered. 1-103. The President shall designate a Chairman from among the members of the Council. 1-2. Functions. 1-201. The Council shall provide advice and recommendations to the President and the Secretary of Energy on nuclear waste management (including interim management of spent fuel). In particular, the Council shall: (a) Recommend procedural mechanisms for reviewing nuclear waste management plans and programs in such a way to ensure timely and effective State and local involvement. Such mechanisms should include a consultation and concurrence process designed to achieve Federal, State, and local agreement which accommodates the interests of all the parties. (b) Review the development of comprehensive nuclear waste management plans including planning activities for transportation, storage, and disposal of all categories of nuclear waste. Provide recommendations to ensure that these plans adequately address the needs of the State and local areas affected. (c) Advise on all aspects of siting facilities for storage and disposal of nuclear wastes, including the review of recommended criteria for site selection and site suitability, guidelines for regional siting, and procedures for site characterization and selection. (d) Advise on an appropriate role for State and local governments in the licensing process for nuclear waste repositories. (e) Advise on proposed Federal regulations, standards, and criteria related to nuclear waste management programs. (f) Identify and make recommendations on other matters related to the transportation, storage, and disposal of nuclear waste that the Council believes are important. 1-202. Within one year after the Council's first organizational meeting, but in any event not later than seventeen months after the issuance of this Order, the Council shall prepare and submit to the President a public report on its functions set forth in Section 1-201. 1-3. Administrative Provisions. 1-301. Subcommittees of the Council may be established in accordance with the provisions of the Federal Advisory Committee Act, as amended. 1-302. The members of the Council, including the members of its subcommittees, who are not otherwise paid a salary by the Federal Government, shall receive no compensation from the United States by virtue of their service on the Council, but all members may receive the transportation .and travel expenses, including per diem in lieu of subsistence, authorized by law (5 U.S.C. 5702 and 5703). 1-303. To the extent permitted by law, and subject to the availability of funds, the Secretary of Energy shall provide the Council, including any subcommittees, with necessary facilities, support, and services, including staff and an executive director. 1-4. General Provisions. 1-401. Notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act, as amended (5 U.S.C. App. I), except that of reporting annually to the Congress, that are applicable to the Council, shall be performed by the Secretary of Energy in accordance with guidelines and procedures established by the Administrator of General Services. 1-402. The Council shall terminate thirty days after it transmits its final report to the President, but in no event shall it terminate later than eighteen months after the effective date of this Order. JIMMY CARTER The White House, February 12, 1980. [Filed with the Office of the Federal Register, 12:53 p.m., February 12, 1980]
Executive Order 12192—State Planning Council on Radioactive Waste Management
Executive Brief • At a Glance
There is established the State Planning Council on Radioactive Waste Management. 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 February 12, 1980, this order concerns State Planning Council on Radioactive Waste Management. 1-1. Establishment. 1-101. There is established the State Planning Council on Radioactive Waste Management. 1-102. The Council shall be composed of eighteen members as follows: (a) Fourteen members designated by the President as follows: (1) Eight Governors of the various states. (2) Five state and local elected government officials other than governors. (3) One tribal government representative.
Key Directives & Operative Actions
There is established the State Planning Council on Radioactive Waste Management. 1-102.
The Council shall be composed of eighteen members as follows: (a) Fourteen members designated by the President as follows: (1) Eight Governors of the various states.
The President shall designate a Chairman from among the members of the Council. 1-2.
The Council shall provide advice and recommendations to the President and the Secretary of Energy on nuclear waste management (including interim management of spent fuel).
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
Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.
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. 12,192 (Feb. 12, 1980), https://executiveordersarchive.org/orders/app-executive-order-12192-state-planning-council-radioactive-waste-management.