1/9/09 White House Executive Order Strengthening Laboratory Biosecurity in US

[Guest guest]

For Immediate Release

Office of the Press Secretary

January 9, 2009

Executive Order: Strengthening Laboratory Biosecurity in the United States

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).

( 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 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

( by the President.

© 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 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;

( 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 © 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.

( 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©

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.

( This order shall be implemented consistent with applicable law and

subject to the availability of appropriations.

© 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.

GEORGE W. BUSH

THE WHITE HOUSE,

January 9, 2009.

_http://www.whitehouse.gov/news/releases/2009/01/20090109-6.html_

(http://www.whitehouse.gov/news/releases/2009/01/20090109-6.html)

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