Presidential Documents

57989 

Federal Register 

Vol. 70, No. 191 

Tuesday, October 4, 2005 

Title 3— 

The President 

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 

57990 Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Presidential Documents 

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 fulltime 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 

Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Presidential Documents 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 HighPerformance 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. 

W 

THE WHITE HOUSE, 

September 29, 2005. 

[FR Doc. 05–19993 

Filed 10–3–05; 8:45 am] 

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