Strengthening Laboratory Biosecurity in the United States

This executive order establishes an interagency Working Group co-chaired by the Secretaries of Defense and Health and Human Services to review and evaluate security practices at facilities handling biological select agents and toxins. The group must submit recommendations within 180 days on improving physical, facility, and personnel security across federal and nonfederal laboratories, then terminates 60 days after that report.

Federal Register Open PDF 74 FR 2289

Impact dates

Sep 6, 2009
Working Group terminates
Jul 8, 2009
Working Group submits report to President with recommendations for security improvements

Key directives

Establish Working Group within DoD for administrative purposes only
Review efficiency and effectiveness of existing security laws, regulations, guidance, and practices for facilities handling biological select agents and toxins
Submit unclassified report with classified annex to President within 180 days
Report must include recommendations for new legislation, regulations, guidance, or practices
Report must include options for oversight mechanisms to ensure consistent baseline standards
Report must compare personnel security programs to those in other fields and industries
Working Group terminates 60 days after report submission
Department heads must provide labor, travel costs, and information assistance

Timeline

Immediate

Working Group established within Department of Defense for administrative purposes
Co-Chairs (Defense and HHS Secretaries) authorized to convene meetings and establish subgroups

Near term (90d)

Working Group conducts review of existing laws, regulations, and security practices
Consultation with foreign governments, international organizations, and state/local/tribal representatives

Long term

Report submission with recommendations for new legislation, regulations, and oversight mechanisms
Potential implementation of baseline security standards across all facilities
Working Group terminates 60 days after report

Risks & tensions

Administrative placement within DoD may create tension given HHS co-chair role and civilian research focus
Scope covers both federal and nonfederal facilities, raising potential jurisdictional conflicts with state/local oversight
Report's unclassified format with classified annex may limit public accountability for recommendations
Termination 60 days after report leaves no ongoing body to implement recommendations
Subject to appropriations availability, which may delay or weaken implementation