Establishment of the Council of Governors
Signed January 11, 2010·Barack Obama·75 FR 2053
Source
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Plain-language summary
Establishes a Council of Governors made up of 10 state governors appointed by the President, with no more than five from the same political party, serving two-year terms that may be renewed. The President designates two Members from different parties as Co-Chairs. The Council meets at the call of the Secretary of Defense or the Co-Chairs to exchange views and advice with defense and homeland security officials, including the Secretary of Defense, the Secretary of Homeland Security, and military commanders, on matters involving the National Guard, homeland defense, civil support, and coordination between state and federal military activities. The Secretary of Defense designates an Executive Director to coordinate the Council's work and provides administrative support upon request of the Co-Chairs. Members serve without pay but may receive travel expenses. The Council may form subcommittees and adopt a charter to refine its operations. The order defines relevant terms and states it does not alter existing legal authorities or create enforceable rights.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1822 of the National Defense Authorization Act of 2008 (Public Law 110-181), and in order to strengthen further the partnership between the Federal Government and State governments to protect our Nation and its people and property, it is hereby ordered
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
The order, in full
Executive Order 13528 of January 11, 2010
Establishment of the Council of Governors
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 1822 of the National Defense
Authorization Act of 2008 (Public Law 110-181), and in
order to strengthen further the partnership between the
Federal Government and State governments to protect our
Nation and its people and property, it is hereby
ordered as follows:
Section 1. Council of Governors.
(a) There is established a Council of Governors
(Council). The Council shall consist of 10 State
Governors appointed by the President (Members), of whom
no more than five shall be of the same political party.
The term of service for each Member appointed to serve
on the Council shall be 2 years, but a Member may be
reappointed for additional terms.
(b) The President shall designate two Members, who
shall not be members of the same political party, to
serve as Co-Chairs of the Council.
Sec. 2. Functions. The Council shall meet at the call
of the Secretary of Defense or the Co-Chairs of the
Council to exchange views, information, or advice with
the Secretary of Defense; the Secretary of Homeland
Security; the Assistant to the President for Homeland
Security and Counterterrorism; the Assistant to the
President for Intergovernmental Affairs and Public
Engagement; the Assistant Secretary of Defense for
Homeland Defense and Americas' Security Affairs; the
Commander, United States Northern Command; the Chief,
National Guard Bureau; the Commandant of the Coast
Guard; and other appropriate officials of the
Department of Homeland Security and the Department of
Defense, and appropriate officials of other executive
departments or agencies as may be designated by the
Secretary of Defense or the Secretary of Homeland
Security. Such views, information, or advice shall
concern:
(a) matters involving the National Guard of the
various States;
(b) homeland defense;
(c) civil support;
(d) synchronization and integration of State and
Federal military activities in the United States; and
(e) other matters of mutual interest pertaining to
National Guard, homeland defense, and civil support
activities.
Sec. 3. Administration.
(a) The Secretary of Defense shall designate an
Executive Director to coordinate the work of the
Council.
(b) Members shall serve without compensation for
their work on the Council. However, Members shall be
allowed travel expenses, including per diem in lieu of
subsistence, as authorized by law.
(c) Upon the joint request of the Co-Chairs of the
Council, the Secretary of Defense shall, to the extent
permitted by law and subject to the availability of
appropriations, provide the Council with administrative
support, assignment or detail of personnel, and
information as may be necessary for the performance of
the Council's functions.
(d) The Council may establish subcommittees of the
Council. These subcommittees shall consist exclusively
of Members of the Council and any
designated employees of a Member with authority to act
on the Member's behalf, as appropriate to aid the
Council in carrying out its functions under this order.
(e) The Council may establish a charter that is
consistent with the terms of this order to refine
further its purpose, scope, and objectives and to
allocate duties, as appropriate, among members.
Sec. 4. Definitions. As used in this order:
(a) the term “State” has the meaning provided in
paragraph (15) of section 2 of the Homeland Security
Act of 2002 (6 U.S.C. 101(15)); and
(b) the term “Governor” has the meaning provided
in paragraph (5) of section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122(5)).
Sec. 5. General Provisions.
(a) Nothing in this order shall be construed to
impair or otherwise affect:
(1) the authority granted by law to a department, agency, or the head
thereof; or
(2) 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.
(Presidential Sig.)
THE WHITE HOUSE,
January 11, 2010.Reproduced from the Federal Register plain-text record, signed January 11, 2010. Typesetting artifacts are removed; no wording is changed.