[Weekly Compilation of Presidential Documents Volume 41, Number 39 (Monday, October 3, 2005)]
[Pages 1473-1476]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13385--Continuance of Certain Federal Advisory 
Committees and Amendments to and Revocation of Other Executive Orders

September 29, 2005

    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:

[[Page 1474]]

    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 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:
    ``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

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            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. 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

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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.
                                                George W. Bush
 The White House,
 September 29, 2005.

 [Filed with the Office of the Federal Register, 8:45 a.m., October 3, 
2005]

Note: This Executive order was released by the Office of the Press 
Secretary on September 30, and it will be published in the Federal 
Register on October 4.