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Executive Orders Historical Archive
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Executive Order 13385 Partially superseded 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.41) 📜 10th Amend: Intergovernmental Federalism Cooperation

Executive Order 13385—Continuance of Certain Federal Advisory Committees and Amendments to and Revocation of Other Executive Orders

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Thursday, September 29, 2005
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6 min read (1,246 words)
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70 Fed. Reg. 57989

Executive Brief • At a Glance

⏱️ 6 min read (1,246 words) • ● Partially superseded
🎯 Primary Mandate

Committee for the Preservation of the White House; Executive Order 11145, as amended (Department of the Interior).

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Private Citizens & Property Owners

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

Signed by President George W. Bush on September 29, 2005, this order concerns Continuance of Certain Federal Advisory Committees and Amendments to and Revocation of Other Executive Orders. Each advisory committee listed below is continued until September 30, 2007. (a) Committee for the Preservation of the White House; Executive Order 11145, as amended (Department of the Interior). (b) National Infrastructure Advisory Council; section 3 of Executive Order 13231, as amended (Department of Homeland Security).

Constitutional Assessment: Reviewed under the Tenth Amendment and the principle of dual federalism, this order touches upon domains traditionally reserved to the sovereign States. The Framers would caution against any attempt to commandeer state officers or displace local police powers through federal executive fiat.

Key Directives & Operative Actions

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Committee for the Preservation of the White House; Executive Order 11145, as amended (Department of the Interior).

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National Infrastructure Advisory Council; section 3 of Executive Order 13231, as amended (Department of Homeland Security).

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Federal Advisory Council on Occupational Safety and Health; Executive Order 12196, as amended (Department of Labor).

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President's Commission on White House Fellowships; Executive Order 11183, as amended (Office of Personnel Management).

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Financial Institutions & Monetary Authorities
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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

"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 powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." — 10th Amendment to the US Constitution (1791)

Mason would scrutinize whether this federal directive intrudes into police powers, land stewardship, or municipal domains historically reserved to local citizens. The Anti-Federalist demand is that federal administration must never supplant state self-governance.

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
32 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Low Friction

Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.

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
1,246
8,433 characters
Estimated Read Time
6 min
@ 200 words / min
Flesch-Kincaid
19
Post-Graduate Legal
Language Tone Score
+0.41
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 until September 30, 2007. (a) Committee for the Preservation of the White House; Executive Order 11145, as amended (Department of the Interior). (b) National Infrastructure Advisory Council; section 3 of Executive Order 13231, as amended (Department of Homeland Security). (c) Federal Advisory Council on Occupational Safety and Health; Executive Order 12196, as amended (Department of Labor). (d) President's Board of Advisors on Historically Black Colleges and Universities; Executive Order 13256 (Department of Education). (e) President's Board of Advisors on Tribal Colleges and Universities; Executive Order 13270 (Department of Education). (f) President's Commission on White House Fellowships; Executive Order 11183, as amended (Office of Personnel Management). (g) President's Committee for People with Intellectual Disabilities; Executive Order 12994, as amended (Department of Health and Human Services). (h) President's Committee on the Arts and the Humanities; Executive Order 12367, as amended (National Endowment for the Arts). (i) President's Committee on the International Labor Organization; Executive Order 12216, as amended (Department of Labor). (j) President's Committee on the National Medal of Science; Executive Order 11287, as amended (National Science Foundation). (k) President's Council of Advisors on Science and Technology; Executive Order 13226, as amended (Office of Science and Technology Policy). (l) President's Council on Bioethics; Executive Order 13237 (Department of Health and Human Services). (m) President's Council on Physical Fitness and Sports; Executive Order 13265 (Department of Health and Human Services). (n) President's Export Council; Executive Order 12131, as amended (Department of Commerce). (o) President's National Security Telecommunications Advisory Committee; Executive Order 12382, as amended (Department of Homeland Security). (p) Trade and Environment Policy Advisory Committee; Executive Order 12905 (Office of the United States Trade Representative).

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 guidelines and procedures established by the Administrator of General Services.

Sec. 3. #sec-3

The following Executive Orders that established committees that have terminated or whose work is completed are revoked: (a) Executive Order 13328, establishing the Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction; and (b) Executive Order 13326, establishing the President's Commission on Implementation of United States Space Exploration Policy.

Sec. 4. #sec-4

Sections 1 and 2 of Executive Order 13316 are superseded by sections 1 and 2 of this order.

Sec. 5. #sec-5

Section 3 of Executive Order 13231, as amended, is further amended by striking section 3, except subsection (c) thereof, and inserting immediately preceding subsection (c), the following: "Section 3. The National Infrastructure Advisory Council. The National Infrastructure Advisory Council (NIAC), established on October 16, 2001, shall provide the President through the Secretary of Homeland Security with advice on the security of the critical infrastructure sectors and their information systems. (a) Membership. The NIAC shall be composed of not more than 30 members appointed by the President, taking appropriate account of the benefits of having members (i) from the private sector, including but not limited to banking and finance, transportation, energy, communications, and emergency services organizations and institutions of higher learning, and State, local, and tribal governments, (ii) with senior leadership responsibilities for the reliability and availability, which include security, of the critical infrastructure and key resource sectors, (iii) with expertise relevant to the functions of the NIAC, and (iv) with experience equivalent to that of a chief executive of an organization. Unless otherwise determined by the President, no full-time officer or employee of the executive branch shall be appointed to serve as a member of the NIAC. 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, disabled, or in the instance of a vacancy in the Chair. (b) Functions of the NIAC. The NIAC shall meet periodically to: (i) enhance the partnership of the public and private sectors in protecting critical infrastructures and their information systems and provide reports on this issue to the President through the Secretary of Homeland Security, as appropriate; (ii) propose and develop ways to encourage private industry to perform periodic risk assessments; (iii) monitor the development and operations of private sector coordinating councils and their information sharing mechanisms and provide recommendations to the President through the Secretary of Homeland Security on how these organizations can best foster improved cooperation among the sectors, the Department of Homeland Security, and other Federal Government entities; (iv) report to the President through the Secretary of Homeland Security, who shall ensure appropriate coordination with the Assistant to the President for Homeland Security and Counterterrorism, the Assistant to the President for Economic Policy, and the Assistant to the President for National Security Affairs under the terms of this order; and (v) advise sector specific agencies with critical infrastructure responsibilities to include issues pertaining to sector and government coordinating councils and their information sharing mechanisms." In implementing this order, the NIAC shall not advise or otherwise act on matters pertaining to National Security and Emergency Preparedness (NS/EP) Communications and, with respect to any matters to which the NIAC is authorized by this order to provide advice or otherwise act on that may depend upon or affect NS/EP Communications, shall coordinate with the National Security and Telecommunications Advisory Committee established by Executive Order 12382, as amended.

Sec. 6. #sec-6

Executive Order 12367, as amended, is further amended by: (a) Striking "including the Millennium" in section 2; (b) Changing the title of section 3 to read "Administrative and Project Support"; and (c) Adding the following new subsection 3(c): "(c) Additional project support may be provided, to the extent permitted by law, by the Director of the Institute of Museum and Library Services after consultation with the Chairpersons of the National Endowment for the Arts and the National Endowment for the Humanities.".

Sec. 7. #sec-7

Executive Order 12216, as amended, is further amended by revising subsection 1–101 to read as follows: "1–101. There is established the President's Committee on the International Labor Organization (ILO). The members will be the Secretaries of Labor, State, and Commerce, the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, and one representative each from organized labor and the business community, to be designated by the Secretary of Labor."

Sec. 8. #sec-8

Executive Order 13226, as amended, is further amended by: (a) Striking "not more than 25 members," in section 1 and inserting in lieu thereof "not more than 45 members,"; (b) Striking "24 of whom" in section 1 and inserting in lieu thereof "44 of whom"; and (c) Adding the following new subsection 2(d): "(d) PCAST shall serve as the President's Information Technology Advisory Committee under subsections 101(b) and 103(b) of the High-Performance Computing Act of 1991 (Public Law 102–194), as amended (15 U.S.C. 5511(b) and 5513(b)).".

Sec. 9. #sec-9

Executive Order 13283 is revoked.

Sec. 10. #sec-10

This order shall be effective September 30, 2005. GEORGE W. BUSH The White House, September 29, 2005. [Filed with the Office of the Federal Register, 8:45 a.m., October 3, 2005]

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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. 13,385, 70 Fed. Reg. 57,989 (Sept. 29, 2005).