Legal basis and covered council committee
- Executive Order No. 402 is issued pursuant to the President’s powers vested “by law.”
- Membership of the Executive Committee of the National Security Council is governed by earlier Executive Orders.
- Executive Order No. 402 increases the membership as embodied in Executive Order No. 13 (February 24, 1966).
- The Executive Committee is also referenced as reconstituted under Executive Order No. 396 (June 19, 1972).
- The amendment applies to the Executive Committee of the National Security Council, not to the National Security Council itself.
Amendment to membership rule
- Executive Order No. 402 includes the Secretary of Education as an additional member of the Executive Committee of the National Security Council.
- The Secretary of Education’s inclusion is a direct increase in the committee’s membership count and composition.
- The Executive Committee’s membership therefore includes the Secretary of Education in addition to the members already established under Executive Order No. 13 and as reconstituted under Executive Order No. 396.
Administrative and implementation impact
- Executive Order No. 402 requires the Executive Committee to operate with the Secretary of Education as an included additional member.
- The inclusion of the Secretary of Education takes effect by operation of the Executive Order’s directive to increase committee membership.
- The Executive Order does not prescribe additional procedures, filings, or documentary requirements for implementation.
Relationship to prior Executive Orders
- Executive Order No. 402 builds on the structure created by Executive Order No. 13 (February 24, 1966).
- Executive Order No. 402 also harmonizes with the reconstitution under Executive Order No. 396 (June 19, 1972).
- The directive to include the Secretary of Education is an incremental change to the Executive Committee’s membership defined through these prior Executive Orders.
Provisions on penalties, repeals, or separability
- Executive Order No. 402 establishes no penalties or sanctions for non-compliance.
- Executive Order No. 402 contains no repealing clause, sunset clause, or separability clause.