[Federal Register Volume 74, Number 9 (Wednesday, January 14, 2009)]
[Presidential Documents]
[Pages 2289-2291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-818]

                        Presidential Documents 

Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / 
Presidential Documents


Title 3--
The President

[[Page 2289]]

                Executive Order 13486 of January 9, 2009

Strengthening Laboratory Biosecurity in the 
                United States

                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:

  (i) the Secretary of State;

  (ii) the Secretary of Defense, who shall be a Co-Chair of the Working 

  (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 

                    (a) review and evaluate the efficiency and 
                effectiveness, with respect to Federal and nonfederal 
                facilities that conduct research on, manage clinical

[[Page 2290]]

                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 

  (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.

                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. 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 

[[Page 2291]]

                    (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.
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 9, 2009.

[FR Doc. E9-818
Filed 1-13-09; 8:45 am]
Billing code 3195-W9-P