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Executive Order 14111 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.73) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 14111—Interagency Security Committee

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Monday, November 27, 2023
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7 min read (1,397 words)
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88 Fed. Reg. 83809

Executive Brief • At a Glance

⏱️ 7 min read (1,397 words) • ● In Effect
🎯 Primary Mandate

The Committee shall be chaired by the Secretary or the designee of the Secretary.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ 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 November 27, 2023, this order concerns Interagency Security Committee. There is hereby established the Interagency Security Committee (Committee). The Committee shall consist of: (a) the Secretary of Homeland Security (Secretary); (b) representatives from the following executive departments and agencies (agencies), designated by the heads of such agencies: (i) the Department of State; (ii) the Department of the Treasury; (iii) the Department of Defense; (iv) the Department of Justice…

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

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Chair

The Committee shall be chaired by the Secretary or the designee of the Secretary.

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Working Groups

The Committee is authorized to establish interagency working groups to perform such tasks as may be directed by the Committee.

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Duties and Responsibilities

The Committee shall: (a) establish policies and standards for security in and protection of Federal facilities; (b) evaluate existing security standards for Federal facilities and develop a strategy to monitor the implementation of such standards to ensure compliance by agencies; (c) take such actions as may be necessary to enhance the quality and effectiveness of security in and protection of Federal facilities, including: (i) encouraging agencies with security responsibilities to share security-related intelligence in a timely and cooperative manner; (ii) assessing technology and information systems as means of providing cost-effective improvements to security in Federal facilities; (iii) developing long-term construction standards for…

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Agency Support and Cooperation

To the extent permitted by law and subject to the availability of appropriations, the Secretary shall provide the Committee such administrative services, funds, facilities, staff, and other support services as may be necessary for the performance of its functions under this order.

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

"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.

Hamiltonian Stance: Strong Prerogative Support
GM

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.

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
46 / 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

High Friction

Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.

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
1,397
9,344 characters
Estimated Read Time
7 min
@ 200 words / min
Flesch-Kincaid
24.6
Post-Graduate Legal
Language Tone Score
+0.73
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 in order to enhance the quality and effectiveness of security in and protection of buildings and facilities in the United States occupied by Federal employees or Federal contractor workers for nonmilitary activities, and to provide an ongoing entity to address continuing Government-wide security for Federal facilities, it is hereby ordered as follows:

Section 1 . #sec-1

Establishment . There is hereby established the Interagency Security Committee (Committee). The Committee shall consist of: (a) the Secretary of Homeland Security (Secretary); (b) representatives from the following executive departments and agencies (agencies), designated by the heads of such agencies: (i) the Department of State; (ii) the Department of the Treasury; (iii) the Department of Defense; (iv) the Department of Justice; (v) the Department of the Interior; (vi) the Department of Agriculture; (vii) the Department of Commerce; (viii) the Department of Labor; (ix) the Department of Health and Human Services; (x) the Department of Housing and Urban Development; (xi) the Department of Transportation; (xii) the Department of Energy; (xiii) the Department of Education; (xiv) the Department of Veterans Affairs; (xv) the Environmental Protection Agency; (xvi) the Office of Management and Budget; (xvii) the Office of the Director of National Intelligence; and (xviii) the General Services Administration; (c) the following officials or their designees: (i) the Director of the United States Marshals Service; (ii) the Director of the Federal Protective Service; (iii) the Director of the Central Intelligence Agency; (iv) the Director of the Office of Personnel Management; and (v) the Director of the Federal Bureau of Investigation; and (d) such other Federal officials as the President may from time to time designate.

Sec. 2 . #sec-2

Chair . The Committee shall be chaired by the Secretary or the designee of the Secretary.

Sec. 3 . #sec-3

Working Groups . The Committee is authorized to establish interagency working groups to perform such tasks as may be directed by the Committee.

Sec. 4 . #sec-4

Consultation . The Committee may consult with officials in other Federal Government entities, including the Administrative Office of the United States Courts and the United States Postal Service, to perform its responsibilities under this order, and, at the discretion of the Committee, officials from other Federal Government entities may participate in the interagency working groups.

Sec. 5 . #sec-5

Duties and Responsibilities . The Committee shall: (a) establish policies and standards for security in and protection of Federal facilities; (b) evaluate existing security standards for Federal facilities and develop a strategy to monitor the implementation of such standards to ensure compliance by agencies; (c) take such actions as may be necessary to enhance the quality and effectiveness of security in and protection of Federal facilities, including: (i) encouraging agencies with security responsibilities to share security-related intelligence in a timely and cooperative manner; (ii) assessing technology and information systems as means of providing cost-effective improvements to security in Federal facilities; (iii) developing long-term construction standards for those locations with threat levels or missions that require blast-resistant structures or other specialized security requirements; (iv) evaluating standards for the location of, and special security related to, child care centers in Federal facilities; (v) assisting the Secretary in developing and maintaining a centralized security database of all Federal facilities; and (vi) providing best practices for securing a mobile Federal workforce; and (d) no later than 1 year after the date of this order and biennially thereafter, prepare and provide to the Director of the Office of Management and Budget and the Assistant to the President for National Security Affairs a summary report describing the results of compliance under subsection 6(c) of this order.

Sec. 6 . #sec-6

Agency Support and Cooperation . (a) To the extent permitted by law and subject to the availability of appropriations, the Secretary shall provide the Committee such administrative services, funds, facilities, staff, and other support services as may be necessary for the performance of its functions under this order. (b) Each agency shall cooperate and comply with the requirements of this order and the policies and standards of the Committee issued pursuant to this order, except in situations in which the Director of National Intelligence, or other United States Intelligence Community official within the Office of the Director of National Intelligence designated by the Director of National Intelligence, determines that compliance would jeopardize intelligence sources and methods. To the extent permitted by law and subject to the availability of appropriations, agencies shall provide such cooperation and compliance as may be necessary to enable the Committee to perform its duties and responsibilities under this order. (i) Each agency shall designate a senior official who shall be responsible for agency implementation of, and compliance with, this order. (ii) The senior official shall ensure that the official's agency supports Facility Security Committees, as applicable, in the performance of the official's duties. (c) The Secretary shall monitor agency compliance with the policies and standards of the Committee. Monitoring compliance shall consist, at a minimum, of the following: (i) maintaining compliance benchmarks to measure compliance progress; (ii) requiring periodic compliance reporting by all relevant agencies; and (iii) conducting risk-based compliance verification. (d) In situations in which a Federal facility is occupied by multiple agencies for both military and nonmilitary activities, and each such occupancy is substantial, those occupants shall coordinate on the security of the facility.

Sec. 7 . #sec-7

Administrative Provision . This order supersedes Executive Order 12977 of October 19, 1995 (Interagency Security Committee), which is hereby revoked. To the extent that this order is inconsistent with any provision of any previous Executive Order or Presidential Memorandum, this order shall control. All policies and standards implemented by the Interagency Security Committee that was established pursuant to Executive Order 12977 shall remain in effect until rescinded or replaced by the Committee established pursuant to this order.

Sec. 8 . #sec-8

Definitions . For purposes of this order: (a) "Agency" means an executive agency, as defined in section 105 of title 5, United States Code. (b) "Federal facility" means a federally owned or leased building, structure, or the land it resides on, in whole or in part, that is regularly occupied by Federal employees or Federal contractor workers for nonmilitary activities. The term "Federal facility" also means any building or structure acquired by a contractor through ownership or leasehold interest, in whole or in part, solely for the purpose of executing a nonmilitary Federal mission or function under the direction of an agency. The term "Federal facility" does not include public domain land, including improvements thereon; withdrawn lands; or buildings or facilities outside of the United States. (c) "Federal employee" means an employee, as defined in section 2105 of title 5, United States Code, of an agency. (d) "Federal contractor worker" means any individual who performs work for or on behalf of any agency under a contract, subcontract, or contract-like instrument and who, in order to perform the work specified under the contract, subcontract, or contract-like instrument, requires access to space, information, information technology systems, staff, or other assets of the Federal Government in buildings and facilities of the United States. Such contracts include the following: (i) personal service contracts; (ii) contracts between any non-Federal entity and any agency; and (iii) subcontracts between any non-Federal entity and another non-Federal entity to perform work related to the primary contract with an agency. (e) "Facility Security Committee" means a committee that is established in accordance with an Interagency Security Committee standard, and that is responsible for addressing facility-specific security issues and approving the implementation of security measures and practices in multi-tenant facilities.

Sec. 9 . #sec-9

General Provisions . (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. JOSEPH R. BIDEN, JR. The White House, November 27, 2023.

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Scholarly & Legal Citations

Exec. Order No. 14,111, 88 Fed. Reg. 83,809 (Nov. 27, 2023).