[Federal Register Volume 70, Number 191 (Tuesday, October 4, 2005)]
[Presidential Documents]
[Pages 57989-57991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19993]



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Part IV





The President





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Executive Order 13385--Continuance of Certain Federal Advisory 
Committees and Amendments to and Revocation of Other Executive Orders
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  Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 57989]]

                Executive Order 13385 of September 29, 2005

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

                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. 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. 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

[[Page 57990]]

                each committee, in accordance with the guidelines and 
                procedures established by the Administrator of General 
                Services.

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                superseded by sections 1 and 2 of this order.

                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:

                    ``Sec. 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

[[Page 57991]]

                (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. 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. 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. 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. Executive Order 13283 is revoked.

                Sec. 10. This order shall be effective September 30, 
                2005.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                     September 29, 2005.

[FR Doc. 05-19993
Filed 10-3-05; 8:45 am]
Billing code 3195-01-P