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Executive Order 14048 Superseded 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.62) 📜 5th Amend: Regulatory Execution with Due Process

Executive Order 14048—Continuance or Reestablishment of Certain Federal Advisory Committees and Amendments to Other Executive Orders

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Thursday, September 30, 2021
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8 min read (1,596 words)
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86 Fed. Reg. 55465

Executive Brief • At a Glance

⏱️ 8 min read (1,596 words) • ● Superseded
🎯 Primary Mandate

There is established the President's National Security Telecommunications Advisory Committee, which shall be composed of no more than 30 members.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 5th Amend: Regulatory Execution with Due Process
🏛️ 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 Joseph R. Biden, Jr. on September 30, 2021, this order concerns Continuance or Reestablishment of Certain Federal Advisory Committees and Amendments to Other Executive Orders. Each advisory committee listed below is continued or, to the extent necessary, reestablished until September 30, 2023. (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: Evaluated against the Fifth Amendment, this action touches upon property or economic rights. An early statesman would insist upon strict adherence to due process of law and the constitutional guarantee that private holdings shall not be encumbered or taken for public purposes without just compensation and lawful process.

Key Directives & Operative Actions

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Establishment

There is established the President's National Security Telecommunications Advisory Committee, which shall be composed of no more than 30 members.

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Functions

The Committee shall provide to the President, through the Secretary of Homeland Security, information and advice from the perspective of relevant cybersecurity, ICT, and telecommunications industries on information assurance, cybersecurity, and the ICT ecosystem with respect to national security and emergency preparedness (NS/EP) concerns.

▪
Administration

The heads of Executive agencies shall, to the extent permitted by law, provide the Committee with information concerning NS/EP policy issues specific to cybersecurity, ICT, and telecommunications matters in order for it to carry out its functions and mission.

▪
General

Notwithstanding any other Executive Order, the functions of the President under the Federal Advisory Committee Act, as amended (5 U.S.C. App.), which are applicable to the Committee, except that of reporting annually to the Congress, shall be performed by the Secretary of Homeland Security, in accord with guidelines and procedures established by the Administrator of General Services." Sec. 6 .

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)
§

"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 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.

Anti-Federalist Stance: High Bill of Rights Scrutiny
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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
40 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.

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
1,596
10,913 characters
Estimated Read Time
8 min
@ 200 words / min
Flesch-Kincaid
17.4
Post-Graduate Legal
Language Tone Score
+0.62
Constitutional Fidelity
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 or, to the extent necessary, reestablished until September 30, 2023. (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 National Security Telecommunications Advisory Committee; Executive Order 12382, as amended (Department of Homeland Security). (h) National Industrial Security Program Policy Advisory Committee; Executive Order 12829, as amended (National Archives and Records Administration). (i) Trade and Environment Policy Advisory Committee; Executive Order 12905 (Office of the United States Trade Representative). (j) Governmental Advisory Committee to the United States Representative to the North American Commission for Environmental Cooperation; Executive Order 12915 (Environmental Protection Agency). (k) National Advisory Committee to the United States Representative to the North American Commission for Environmental Cooperation; Executive Order 12915 (Environmental Protection Agency). (l) Good Neighbor Environmental Board; Executive Order 12916, as amended (Environmental Protection Agency). (m) Presidential Advisory Council on HIV/AIDS; Executive Order 12963, as amended (Department of Health and Human Services). (n) President's Committee for People with Intellectual Disabilities; Executive Order 12994, as amended (Department of Health and Human Services). (o) Invasive Species Advisory Committee; Executive Order 13112, as amended (Department of the Interior). (p) Advisory Board on Radiation and Worker Health; Executive Order 13179 (Department of Health and Human Services). (q) National Infrastructure Advisory Council; Executive Order 13231, as amended (Department of Homeland Security). (r) President's Council on Sports, Fitness, and Nutrition; Executive Order 13265, as amended (Department of Health and Human Services). (s) Interagency Task Force on Veterans Small Business Development; Executive Order 13540 (Small Business Administration). (t) State, Local, Tribal, and Private Sector (SLTPS) Policy Advisory Committee; Executive Order 13549 (National Archives and Records Administration). (u) President's Advisory Commission on Educational Excellence for African Americans; Executive Order 13621 (Department of Education). (v) President's Advisory Council on Doing Business in Africa; Executive Order 13675, as amended (Department of Commerce). (w) Commerce Spectrum Management Advisory Committee; initially established pursuant to Presidential Memorandum on Improving Spectrum Management for the 21st Century (November 29, 2004) (Department of Commerce). (x) National Space-Based Positioning, Navigation, and Timing Advisory Board; National Security Presidential Directive-39, "U.S. National Space-Based Position, Navigation, and Timing Policy" (December 8, 2004) (National Aeronautics and Space Administration). (y) Grand Staircase-Escalante National Monument Advisory Committee; Proclamation 6920 of September 18, 1996, as amended (Department of the Interior). (z) San Juan Islands National Monument Advisory Committee; Proclamation 8947 of March 25, 2013 (Department of the Interior). (aa) Bears Ears National Monument Advisory Committee; Proclamation 9558 of December 28, 2016, as amended (Department of the Interior). (bb) Gold Butte National Monument Advisory Committee; Proclamation 9559 of December 28, 2016 (Department of the Interior). (cc) President's Council of Advisors on Science and Technology; Executive Order 14007, as amended (Department of Energy). (dd) White House Environmental Justice Advisory Council; Executive Order 14008 (Environmental Protection Agency). (ee) President's Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders; Executive Order 14031 (Department of Health and Human Services). (ff) President's Board of Advisors on Historically Black Colleges and Universities; Executive Order 14041 (Department of Education). (gg) Presidential Advisory Commission on Advancing Educational Equity, Excellence, and Economic Opportunity for Hispanics; Executive Order 14045 (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 13889 of September 27, 2019, are hereby superseded by sections 1 and 2 of this order.

Sec. 4 . #sec-4

Executive Order 11287 of June 28, 1966, as amended, is further amended in section 2(a) by striking "twelve" and inserting in lieu thereof "fourteen."

Sec. 5 . #sec-5

Executive Order 12382 of September 13, 1982, as amended, is further amended as follows: (a) by striking section 1, except subsection (c), and inserting before subsection (c) the following: "

Section 1 . #sec-1-2

Establishment . (a) There is established the President's National Security Telecommunications Advisory Committee, which shall be composed of no more than 30 members. These members shall have particular knowledge and expertise in the fields of cybersecurity and of information and communications technology (ICT) and shall represent various elements of the Nation's telecommunications industry. Members of the Committee shall be appointed by the President. (b) The President shall designate a Chair and Vice Chair from among the members of the Committee, each for a term of up to 2 years." (b) by striking sections 2 and 3, and inserting in lieu thereof the following new sections 2 and 3: "

Sec. 2 . #sec-2-2

Functions . (a) The Committee shall provide to the President, through the Secretary of Homeland Security, information and advice from the perspective of relevant cybersecurity, ICT, and telecommunications industries on information assurance, cybersecurity, and the ICT ecosystem with respect to national security and emergency preparedness (NS/EP) concerns. (b) The Committee shall provide information and advice to the President, through the Secretary of Homeland Security, regarding the feasibility of implementing specific measures to improve the resiliency and security of the digital and communications infrastructure of the United States. (c) The Committee shall provide technical information, advice, and recommendations as it relates to NS/EP policy issues concerning cybersecurity, ICT, and telecommunications matters. (d) The Committee shall periodically report on matters in this section to the President, through the Secretary of Homeland Security.

Sec. 3 . #sec-3-2

Administration . (a) The heads of Executive agencies shall, to the extent permitted by law, provide the Committee with information concerning NS/EP policy issues specific to cybersecurity, ICT, and telecommunications matters in order for it to carry out its functions and mission. Information supplied to the Committee shall not, to the extent permitted by law, be available for public inspection. (b) Members of the Committee shall serve without any compensation for their work on the Committee. However, to the extent permitted by law, they shall be entitled to travel expenses, including per diem in lieu of subsistence. (c) Any expenses of the Committee shall, to the extent permitted by law, be paid from funds available to the Secretary of Homeland Security." (c) by striking section 4, except subsection (b) thereof, and inserting immediately preceding subsection (b) the following: "

Sec. 4 . #sec-4-2

General . (a) Notwithstanding any other Executive Order, the functions of the President under the Federal Advisory Committee Act, as amended (5 U.S.C. App.), which are applicable to the Committee, except that of reporting annually to the Congress, shall be performed by the Secretary of Homeland Security, in accord with guidelines and procedures established by the Administrator of General Services."

Sec. 6 . #sec-6

Executive Order 13231 of October 16, 2001, as amended, is further amended in section 3(a) by striking "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" and inserting in lieu thereof "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, each for a term of up to two years."

Sec. 7 . #sec-7

Executive Order 13265 of June 6, 2002, as amended, is further amended as follows: (a) in section 2(a), by striking "develop a national strategy" and inserting in lieu thereof "continue to promulgate a national strategy (the National Youth Sports Strategy)." (b) in section 2, by striking the "and" at the end of subsection (a)(iii); striking the period at the end of subsection (a)(iv) and inserting in lieu thereof a semicolon; and inserting the following new subsections: "(v) expand national awareness of the importance of mental health as it pertains to physical fitness and nutrition; and (vi) share information about the positive effects of physical activity on mental health, particularly as it relates to children and adolescents, to combat the negative mental health impacts of the coronavirus disease 2019 (COVID-19) pandemic." (c) in section 4, by inserting after subsection (c) the following new subsection: "(d) The Council members shall function as liaisons and spokespersons on behalf of the Council to relevant State, local, and private entities, and share information about the work of the Council in order to advise the Secretary regarding opportunities to extend and improve physical activity, fitness, sports, and nutrition programs and services at the State, local, and national levels."

Sec. 8 . #sec-8

This order shall be effective September 30, 2021. JOSEPH R. BIDEN, JR. The White House, September 30, 2021.

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Referenced By Later Executive Orders (1)

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

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Scholarly & Legal Citations

Exec. Order No. 14,048, 86 Fed. Reg. 55,465 (Sept. 30, 2021).