Strengthening Laboratory Biosecurity in the United States

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 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
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;

(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.

(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.