[Weekly Compilation of Presidential Documents Volume 45, Number 2 (Monday, January 19, 2009)]
[Pages 32-34]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 13486--Strengthening Laboratory Biosecurity in the
United States
January 9, 2009
By the authority vested in me as President by the Constitution and
the laws of the United States of America, it is hereby ordered as
follows:
Section 1. Policy. It is the policy of the United States that
facilities that possess biological select agents and toxins have
appropriate security and personnel assurance practices to protect
against theft, misuse, or diversion to unlawful activity of such agents
and toxins.
Sec. 2. Establishment and Operation of the Working Group. (a) There
is hereby established, within the Department of Defense for
administrative purposes only, the Working Group on Strengthening the
Biosecurity of the United States (Working Group).
(b) The Working Group shall consist exclusively of the following
members:
[[Page 33]]
(i) the Secretary of State;
(ii) the Secretary of Defense, who shall be a Co-Chair of the
Working Group;
(iii) the Attorney General;
(iv) the Secretary of Agriculture;
(v) the Secretary of Commerce;
(vi) the Secretary of Health and Human Services, who shall be a
Co-Chair of the Working Group;
(vii) the Secretary of Transportation;
(viii) the Secretary of Energy;
(ix) the Secretary of Homeland Security;
(x) the Administrator of the Environmental Protection Agency;
(xi) the Director of National Intelligence;
(xii) the Director of the National Science Foundation; and
(xiii) the head of any other department or agency when designated:
(A) by the Co-Chairs of the Working Group with the concurrence
of such head; or
(B) by the President.
(c) The Co-Chairs shall convene and preside at meetings of the
Working Group, determine its agenda, and direct its work. The Co-Chairs
may establish and direct subgroups of the Working Group, as appropriate
to deal with particular subject matters, that shall consist exclusively
of members of the Working Group.
(d) A member of the Working Group may designate, to perform the
Working Group or Working Group subgroup functions of the member, any
person who is a part of the member's agency and who is an officer of the
United States appointed by the President, a member of the Senior
Executive Service (SES), or the equivalent of a member of the SES.
Sec. 3. Functions of the Working Group. Consistent with this order,
and to assist in implementing the policy set forth in section 1 of this
order, the Working Group shall:
(a) review and evaluate the efficiency and effectiveness, with
respect to Federal and nonfederal facilities that conduct research on,
manage clinical or environmental laboratory operations involving, or
handle, store, or transport biological select agents and toxins, of the
following:
(i) existing laws, regulations, and guidance with respect to
physical, facility, and personnel security and assurance;
and
(ii) practices with respect to physical, facility, and personnel
security and assurance;
(b) obtain information or advice, as appropriate for the conduct of
the review and evaluation, from the following:
(i) heads of executive departments and agencies;
(ii) elements of foreign governments and international
organizations with responsibility for biological matters,
consistent with functions assigned by law or by the
President to the Secretary of State; and
(iii) representatives of State, local, territorial, and tribal
governments, and other entities or other individuals in a
manner that seeks their individual advice and does not
involve collective judgment or consensus advice or
deliberation; and
(c) submit a report to the President, through the Co-Chairs, not
later than 180 days after the date of this order that is unclassified,
with a classified annex as required, and sets forth the following:
(i) a summary of existing laws, regulations, guidance, and
practices with respect to security and personnel assurance
reviewed under subsection (a) of this section and their
efficiency and effectiveness;
(ii) recommendations for any new legislation, regulations,
guidance, or practices for security and personnel assurance
for all Federal and nonfederal facilities described in
subsection (a);
(iii) options for establishing oversight mechanisms to ensure a
baseline standard is consistently applied for all physical,
facility, and personnel security and assurance laws,
regulations, and guidance at all Federal and nonfederal
facilities described in subsection (a); and
(iv) a comparison of the range of existing personnel security
and assurance programs for access to biological select
agents and toxins to personnel security and assurance
programs in other fields and industries.
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Sec. 4. Duties of Heads of Departments and Agencies. (a) The heads
of departments and agencies shall provide for the labor and travel costs
of their representatives and, to the extent permitted by law, provide
the Working Group such information and assistance as it needs to
implement this order.
(b) To the extent permitted by law and subject to the availability
of appropriations, the Secretary of Defense shall provide the Working
Group with such administrative and support services as may be necessary
for the performance of its functions.
Sec. 5. Termination of the Working Group. Termination of the Working
Group. </E<ls-thn-eq>The Working Group shall terminate 60 days after the
date of the report submitted under subsection 3(c) of this order.
Sec. 6. General Provisions. (a) Nothing in this order shall be
construed to impair or otherwise affect:
(i) authority granted by law to a department or agency, or the
head thereof; or
(ii) functions of the Director of the Office of Management and
Budget relating to budget, 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 intended only to improve the internal management
of the executive branch and 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 agencies,
instrumentalities, or entities, its officers, employees, or agents, or
any other person.
George W. Bush
The White House,
January 9, 2009.
[Filed with the Office of the Federal Register, 8:45 a.m., January 13,
2009]
Note: This Executive order was published in the Federal Register on
January 14. This item was not received in time for publication in the
appropriate issue.