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Executive Orders Historical Archive
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Executive Order 13652 Partially superseded 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 10th Amend: Intergovernmental Federalism Cooperation

Executive Order 13652—Continuance of Certain Federal Advisory Committees

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Monday, September 30, 2013
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7 min read (1,451 words)
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78 Fed. Reg. 61817

Executive Brief • At a Glance

⏱️ 7 min read (1,451 words) • ● Partially superseded
🎯 Primary Mandate

Committee for the Preservation of the White House; Executive Order 11145, as amended (Department of the Interior).

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ 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 Barack Obama on September 30, 2013, this order concerns Continuance of Certain Federal Advisory Committees. Each advisory committee listed below is continued until September 30, 2015. (a) Committee for the Preservation of the White House; Executive Order 11145, as amended (Department of the Interior). (b) President's Commission on White House Fellowships; Executive Order 11183, as amended (Office of Personnel Management).

Constitutional Assessment: Reviewed under the Tenth Amendment and the principle of dual federalism, this order touches upon domains traditionally reserved to the sovereign States. The Framers would caution against any attempt to commandeer state officers or displace local police powers through federal executive fiat.

Key Directives & Operative Actions

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Committee for the Preservation of the White House; Executive Order 11145, as amended (Department of the Interior).

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President's Commission on White House Fellowships; Executive Order 11183, as amended (Office of Personnel Management).

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President's Committee on the National Medal of Science; Executive Order 11287, as amended (National Science Foundation).

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Federal Advisory Council on Occupational Safety and Health; Executive Order 11612, as amended (Department of Labor).

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners
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The Framers' Constitutional Council

1787 Prism

Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.

🏛️✅ Zone 1 (Maximum Authority)
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"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

"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.

Hamiltonian Stance: Supportive of Execution
GM

George Mason

Bill of Rights, Due Process & 10th Amendment

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." — 10th Amendment to the US Constitution (1791)

Mason would scrutinize whether this federal directive intrudes into police powers, land stewardship, or municipal domains historically reserved to local citizens. The Anti-Federalist demand is that federal administration must never supplant state self-governance.

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
32 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Low Friction

Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

Moderate Friction

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

Due Process & Individual Rights

Moderate Friction

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

Youngstown Jacksonian Tier

Low Friction

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%).
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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
1,451
10,227 characters
Estimated Read Time
7 min
@ 200 words / min
Flesch-Kincaid
20.3
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

By the authority vested in me as President, by the Constitution and the laws of the United States of America, and consistent with the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), it is hereby ordered as follows:

Section 1. #sec-1

Each advisory committee listed below is continued until September 30, 2015. (a) Committee for the Preservation of the White House; Executive Order 11145, as amended (Department of the Interior). (b) President's Commission on White House Fellowships; Executive Order 11183, as amended (Office of Personnel Management). (c) President's Committee on the National Medal of Science; Executive Order 11287, as amended (National Science Foundation). (d) Federal Advisory Council on Occupational Safety and Health; Executive Order 11612, as amended (Department of Labor). (e) President's Export Council; Executive Order 12131, as amended (Department of Commerce). (f) President's Committee on the International Labor Organization; Executive Order 12216, as amended (Department of Labor). (g) President's Committee on the Arts and the Humanities; Executive Order 12367, as amended (National Endowment for the Arts). (h) President's National Security Telecommunications Advisory Committee; Executive Order 12382, as amended (Department of Homeland Security). (i) National Industrial Security Program Policy Advisory Committee; Executive Order 12829, as amended (National Archives and Records Administration). (j) Trade and Environment Policy Advisory Committee; Executive Order 12905, as amended (Office of the United States Trade Representative). (k) President's Committee for People with Intellectual Disabilities; Executive Order 12994, as amended (Department of Health and Human Services). (l) National Infrastructure Advisory Council; Executive Order 13231, as amended (Department of Homeland Security). (m) President's Council on Fitness, Sports, and Nutrition; Executive Order 13265, as amended (Department of Health and Human Services). (n) President's Advisory Council on Faith-Based and Neighborhood Partnerships; Executive Order 13498, re-established by Executive Order 13569, and continued by Executive Order 13640 (Department of Health and Human Services). (o) President's Advisory Commission on Asian Americans and Pacific Islanders; Executive Order 13515, as amended (Department of Education). (p) Presidential Commission for the Study of Bioethical Issues; Executive Order 13521 (Department of Health and Human Services). (q) National Council on Federal Labor-Management Relations; Executive Order 13522 (Office of Personnel Management). (r) President's Board of Advisors on Historically Black Colleges and Universities; Executive Order 13532, as amended (Department of Education). (s) President's Management Advisory Board; Executive Order 13538 (General Services Administration). (t) President's Council of Advisors on Science and Technology; Executive Order 13539, as amended (Department of Energy). (u) Interagency Task Force on Veterans Small Business Development; Executive Order 13540 (Small Business Administration). (v) Advisory Group on Prevention, Health Promotion, and Integrative and Public Health; Executive Order 13544, re-established by Executive Order 13631 (Department of Health and Human Services). (w) State, Local, Tribal, and Private Sector (SLTPS) Policy Advisory Committee; Executive Order 13549, as amended (National Archives and Records Administration). (x) President's Advisory Commission on Educational Excellence for Hispanics; Executive Order 13555, re-established by Executive Order 13634 (Department of Education). (y) President's Global Development Council; Executive Order 13600 (United States Agency for International Development). (z) President's Advisory Commission on Educational Excellence for African Americans; Executive Order 13621 (Department of Education).

Sec. 2. #sec-2

Notwithstanding the provisions of any other Executive Order, the functions of the President under the Federal Advisory Committee Act that are applicable to the committees listed in section 1 of this order shall be performed by the head of the department or agency designated after each committee, in accordance with the regulations, guidelines, and procedures established by the Administrator of General Services.

Sec. 3. #sec-3

Sections 1 and 2 of Executive Order 13585 of September 30, 2011, and sections 1, 2, and 4 of Executive Order 13591 of November 23, 2011, are superseded by sections 1 and 2 of this order.

Sec. 4. #sec-4

Executive Order 13538 of April 19, 2010, is amended in section 4(c) by striking "The Executive Director shall serve as the Designated Federal Officer in accordance with the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (FACA)" and inserting in lieu thereof "The PMAB shall also have a Designated Federal Officer (DFO) in accordance with the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (FACA). The Executive Director may serve as the DFO".

Sec. 5. #sec-5

Executive Order 13043 of April 16, 1997, is amended by striking section 4 and renumbering the subsequent sections appropriately.

Sec. 6. #sec-6

Executive Order 13231 of October 16, 2001, as amended, is further amended by striking section 3, except subsection (c) thereof, and inserting immediately preceding subsection (c), the following: " Sec . 3 . The National Infrastructure Advisory Council . The National Infrastructure Advisory Council (NIAC), established on October 16, 2001, shall provide the President, through the Secretary of Homeland Security, with advice on the security and resilience of the critical infrastructure sectors and their functional systems, physical assets, and cyber networks. "(a) Membership . The NIAC shall be composed of not more than 30 members appointed by the President, taking appropriate account of the benefits of having members: "(i) from the private sector, including individuals with experience in banking and finance, transportation, energy, water, communications, health care services, food and agriculture, government facilities, emergency services organizations, institutions of higher education, environmental and climate resilience, and State, local, and tribal governments; "(ii) with senior executive leadership responsibilities for the availability and reliability, including security and resilience, of critical infrastructure sectors; "(iii) with expertise relevant to the functions of the NIAC; and "(iv) with experience equivalent to that of a chief executive of an organization. "Unless otherwise determined by the President, no full-time officer or employee of the executive branch shall be appointed to serve as a member of the NIAC. The President shall designate from among the members of the NIAC a Chair and a Vice Chair, who shall perform the functions of the Chair if the Chair is absent or disabled, or in the instance of a vacancy in the Chair. "(b) Functions of the NIAC . The NIAC shall meet periodically to: "(i) enhance the partnership of the public and private sectors in securing and enhancing the security and resilience of critical infrastructure and their supporting functional systems, physical assets, and cyber networks, and provide reports on this issue to the President, through the Secretary of Homeland Security, as appropriate; "(ii) propose and develop ways to encourage private industry to perform periodic risk assessments and implement risk-reduction programs; "(iii) monitor the development and operations of critical infrastructure sector coordinating councils and their information-sharing mechanisms and provide recommendations to the President, through the Secretary of Homeland Security, on how these organizations can best foster improved cooperation among the sectors, the Department of Homeland Security, and other Federal Government entities; "(iv) report to the President through the Secretary of Homeland Security, who shall ensure appropriate coordination with the Assistant to the President for Homeland Security and Counterterrorism, the Assistant to the President for Economic Policy, and the Assistant to the President for National Security Affairs under the terms of this order; and "(v) advise sector-specific agencies with critical infrastructure responsibilities to include issues pertaining to sector and government coordinating councils and their information sharing mechanisms. "In implementing this order, the NIAC shall not advise or otherwise act on matters pertaining to National Security and Emergency Preparedness (NS/EP) Communications and, with respect to any matters to which the NIAC is authorized by this order to provide advice or otherwise act on that may depend on or affect NS/EP Communications, shall coordinate with the National Security and Telecommunications Advisory Committee established by Executive Order 12382 of September 13, 1982, as amended.".

Sec. 7. #sec-7

Executive Order 13600 of February 9, 2012, is amended in section 3(b) by striking the "and" immediately preceding "the Chief Executive Officer of the Millennium Challenge Corporation" and by adding ", the United States Trade Representative, and the Chief Executive Officer of the Overseas Private Investment Corporation" immediately preceding "shall serve as non-voting members". Executive Order 13600 is further amended in section 5(c) by adding "administrative" immediately preceding "matters and activities pertaining".

Sec. 8. #sec-8

Section 3(b) of Executive Order 13515 of October 14, 2009, as amended, is further amended by inserting in the list of agency members "the General Services Administration" and "the National Aeronautics and Space Administration" after "the Small Business Administration", and redesignating the subsections of section 3(b) as appropriate. Subsection 3(b) is further amended by inserting at the end the following sentence: "The Initiative is encouraged to invite other affected agencies, such as the Consumer Financial Protection Bureau, the Corporation for National and Community Service, the Equal Employment Opportunity Commission, and the Federal Communications Commission to attend meetings and participate in the Initiative as appropriate.".

Sec. 9. #sec-9

This order shall be effective September 30, 2013. BARACK OBAMA The White House, September 30, 2013.

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Referenced By Later Executive Orders (2)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

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Scholarly & Legal Citations

Exec. Order No. 13,652, 78 Fed. Reg. 61,817 (Sept. 30, 2013).