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Executive Order 11758 Constitutional Neutral (+0.02)

Executive Order 11758—Delegating Authority of the President Under the Rehabilitation Act of 1973

Richard Nixon Richard Nixon
•
Tuesday, January 15, 1974
•
2 min read (374 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 Richard Nixon on 1974-01-15, establishes federal administrative policy concerning "Delegating Authority of the President Under the Rehabilitation Act of 1973." 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

▪ The Director of the Office of Management and Budget is hereby designated and empowered to exercise, without approval, ratification, or other action of the President, the authority of the President (1) under section 5 of the Rehabilitation Act of 1973 (Public Law 93-112) to issue regulations with respect to joint respect to the transfer of unexpended appropriations.
▪ Changes in any regulations prescribed by the Secretary pursuant to the preceding sentence shall be made only after consultation with the Secretary of Defense and the Administrator of General Services.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Private Citizens & Property Owners
Total Words
374
2,355 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
27.3
Post-Grad reading level
Constitutional Polarity
+0.02
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 11758, Richard Nixon (Jan 15, 1974). Available at https://executiveordersarchive.org/orders/app-executive-order-11758-delegating-authority-the-president-under-the-rehabilitation-act-1973.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
By virtue of the authority vested in me by section 301 of title 3 of the United States Code and as President of the United States of America, it is hereby ordered as follows: SECTION 1. The Director of the Office of Management and Budget is hereby designated and empowered to exercise, without approval, ratification, or other action of the President, the authority of the President (1) under section 5 of the Rehabilitation Act of 1973 (Public Law 93-112) to issue regulations with respect to joint respect to the transfer of unexpended appropriations. SEC. 2. The Secretary of Labor is hereby designated and empowered to exercise, without approval, ratification, or other action of the President, the authority of the President (1) under section 503 (a) of the Rehabilitation Act of 1973 to prescribe regulations, after consultation with the Secretary of Defense and the Administrator of General Services, with respect to the employment of qualified handicapped individuals under Federal procurement contracts, and (2) under section 503 (c) of that act with respect to prescribing, by regulation, guidelines for waiving the requirements of section 503 of the act. Changes in any regulations prescribed by the Secretary pursuant to the preceding sentence shall be made only after consultation with the Secretary of Defense and the Administrator of General Services. SEC. 3. The head of a Federal agency may, in conformity with the provisions of section 503 (c) of the Rehabilitation Act of 1973, and regulations issued by the Secretary of Labor pursuant to section 2 of this order, exempt any contract and, following consultation with the Secretary of Labor, any class of contracts, from the requirements of section 503 of the act. SEC. 4. The Federal Procurement Regulations, the Armed Services Procurement Regulations, and, to the extent necessary, any supplemental or comparable regulations issued by any agency of the executive branch shall, following consultation with the Secretary of Labor, be amended to require, as a condition of entering into, renewing or extending any contract subject to the provisions of section 503 of the Rehabilitation Act of 1973, inclusion of a provision requiring compliance with that section and regulations issued by the Secretary pursuant to section 2 of this order. RICHARD NIXON The White House, January 15, 1974.