Page:Title 3 CFR 2005 Compilation.djvu/189

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EO 13385 Title 3--The President "Sec. 3. The Nutionul Infrustructure Adviso\177 Council. The National In- frastructure Advisory Council (NIAC), established on October 16, 200% shall provide the President through the Secretary of Home]and 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 mem- bers 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 emer- gency services organizations and institutions of higher ]earning, and State, local, and tribal governments, (ii) with senior leadership responsibilities for the reliability and availability, which include security, of the critical infra- structure and key resource sectors, (iii) with expertise relevant to the func- tions of the NIAC, and (iv) with experience equivalent to that of a chief executive of an organization. Unless otherwise determined by the Presi- dent, no full-time officer or employee of the executive branch shall be ap- pointed 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 pro- tecting critical infrastructures and their information systems and provide reports on this issue to the President through the Secretary of Home]and 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 coordi- nating 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 coopera- tion among the sectors, the Department of Homeland Security, and other Federal Government entities; (iv) report to the President through the Secretary of Homeland Secu- rity, 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 respon- sibilities to include issues pertaining to sector and government coordi- nating 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 estab- lished by Executive Order \1772382, as amended. Sec. 6. Executive Order \1772367, as amended, is further amended by: (a) Striking "including the Millennium" in section 2;