Presidential Documents

2289 

Federal Register 

Vol. 74, No. 9 

Wednesday, January 14, 2009 

Title 3— 

The President 

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 

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 CoChair 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 


rwilkins on PROD1PC63 with PROPOSALS
2290 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Presidential Documents 

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. 

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 appropriations. 


rwilkins on PROD1PC63 with PROPOSALS
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Presidential Documents 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. 

THE WHITE HOUSE, 

January 9, 2009. 

[FR Doc. E9–818 

Filed 1–13–09; 8:45 am] 

Billing code 3195–W9–P 


rwilkins on PROD1PC63 with PROPOSALSGWBOLD.EPS</GPH>