Continuance of Certain Federal Advisory Committees and Amendments to and Revocation of Other Executive Orders

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

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 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 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.

    (Presidential Sig.)B

THE WHITE HOUSE,

     September 29, 2005.