Note: The following text is a quote:
http://www.whitehouse.gov/sites/default/files/2010executive_order.pdf
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THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release January 11, 2010
EXECUTIVE ORDER
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;
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(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.
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(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.
BARACK OBAMA
THE WHITE HOUSE,
January 11, 2010.
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Err - something just aint right here....
6 USC 101(15) reads:
(15) The term ``terrorism’’ means any activity that—
(A) involves an act that—
(i) is dangerous to human life or potentially
destructive of critical infrastructure or key resources; and
(ii) is a violation of the criminal laws of the United
States or of any State or other subdivision of the United
States; and
(B) appears to be intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by
intimidation or coercion; or
(iii) to affect the conduct of a government by mass
destruction, assassination, or kidnapping.
** (14) ** defines a state as:
(14) The term ``State’’ means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and any possession of the United States.
42USC5122 (5) ``Governor’’ means the chief executive of any State.
So, the Head of State of the Northern Marinara Islands can be a member of the council of govenors! Further, IIRC, none of the heads of state of “the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and any possession of the United States.” are Democrats, so the President can load the Council ...