By virtue of the authority vested in me as President of the United States, and in furtherance of the purpose and policy of the Fire Research and Safety Act of 1968 (15 U.S.C. 278f-278g), it is hereby ordered as follows: SECTION 1. The Federal Fire Council, an advisory agency in matters relating to the protection of Federal employees and property from fire, which was established within the General Services Administration by Executive Order No. 7397 of June 20, 1936, as amended by Executive Order No. 10257 of June 23, 1951, is hereby transferred to and established in the Department of Commerce. The Federal Fire Council, hereinafter referred to as the Council, shall, in the exercise of its functions, be responsible to the Secretary of Commerce. The Secretary or his designee shall serve as Chairman of the Council. SEC. 2. Members of the Council, who shall serve without additional compensation, shall be officers or employees of the various departments and agencies of the Federal Government, and of the Government of the District of Columbia designated by the respective heads thereof. Each department and agency, and the Government of the District of Columbia, shall be entitled to designate one member of the Council and may designate such additional members as the governing body of the Council may authorize. SEC. 3. The Council shall have a governing body composed of the Chairman of the Council, who shall also serve as its Chairman, and representatives of the Secretaries of the Interior, Health, Education, and Welfare, Housing and Urban Development, the Army, the Navy, and the Air Force and of the Administrator of General Services. The Chairman shall appoint such other officers and committees as he may deem necessary to carry out the functions of the Council. SEC. 4. The Council is authorized to develop standards, procedures, and forms, and, on request, to conduct surveys or such other investigations as may be necessary to determine what measures should be taken to safeguard life and property from the hazards of fire, including review of plans for new construction. The Council is also authorized to make such independent studies of Federal buildings and property as it may deem desirable from the standpoint of fire protection and to maintain a record of fire losses on Government property. SEC. 5. The Council shall report the results of such investigations and studies to the head of the agency concerned, together with its recommendations. SEC. 6. In case of fires involving Government records, the agency concerned should notify the National Archives and Records Service of the General Services Administration and obtain its advice as to methods by which the maximum salvage of the records involved may be secured. SEC. 7. In carrying out their functions under this order, the Council, its governing body, and the Secretary of Commerce shall consult, as appropriate, with the Federal Advisory Council on Occupational Safety and Health established by Executive Order No. 11612 of July 26, 1971. SEC. 8. Executive Orders No. 7397 of June 20, 1936, and No. 10257 of June 23, 1951, are hereby superseded. RICHARD NIXON The White House, March 13, 1972
Executive Order 11654—Transfer of the Federal Fire Council to the Department of Commerce
Executive Brief • At a Glance
The Federal Fire Council, an advisory agency in matters relating to the protection of Federal employees and property from fire, which was established within the General Services Administration by Executive Order No. 7397 of June 20, 1936, as amended by Executive Order No. 10257 of June 23, 1951, is hereby transferred to and established in the Department of Commerce.
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Richard Nixon on March 13, 1972, this order concerns Transfer of the Federal Fire Council to the Department of Commerce. The Federal Fire Council, an advisory agency in matters relating to the protection of Federal employees and property from fire, which was established within the General Services Administration by Executive Order No. 7397 of June 20, 1936, as amended by Executive Order No. 10257 of June 23, 1951, is hereby transferred to and established in the Department of Commerce.
Key Directives & Operative Actions
The Federal Fire Council, an advisory agency in matters relating to the protection of Federal employees and property from fire, which was established within the General Services Administration by Executive Order No. 7397 of June 20, 1936, as amended by Executive Order No. 10257 of June 23, 1951, is hereby transferred to and established in the Department of Commerce.
The Federal Fire Council, hereinafter referred to as the Council, shall, in the exercise of its functions, be responsible to the Secretary of Commerce.
The Secretary or his designee shall serve as Chairman of the Council.
Members of the Council, who shall serve without additional compensation, shall be officers or employees of the various departments and agencies of the Federal Government, and of the Government of the District of Columbia designated by the respective heads thereof.
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 in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
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.
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.
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
Touches upon core congressional prerogatives: raises appropriations reallocation, tariff imposition, or statutory preemption questions.
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
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
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. 11,654 (Mar. 13, 1972), https://executiveordersarchive.org/orders/app-executive-order-11654-transfer-the-federal-fire-council-the-department-commerce.