[Federal Register Volume 61, Number 138 (Wednesday, July 17, 1996)]
[Presidential Documents]
[Pages 37347-37350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18351]
[[Page 37345]]
_______________________________________________________________________
Part III
The President
_______________________________________________________________________
Executive Order 13010--Critical Infrastructure Protection
Presidential Documents
Federal Register / Vol. 61, No. 138 / Wednesday, July 17, 1996 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 37347]]
Executive Order 13010 of July 15, 1996
Critical Infrastructure Protection
Certain national infrastructures are so vital that
their incapacity or destruction would have a
debilitating impact on the defense or economic security
of the United States. These critical infrastructures
include telecommunications, electrical power systems,
gas and oil storage and transportation, banking and
finance, transportation, water supply systems,
emergency services (including medical, police, fire,
and rescue), and continuity of government. Threats to
these critical infrastructures fall into two
categories: physical threats to tangible property
(``physical threats''), and threats of electronic,
radio-frequency, or computer-based attacks on the
information or communications components that control
critical infrastructures (``cyber threats''). Because
many of these critical infrastructures are owned and
operated by the private sector, it is essential that
the government and private sector work together to
develop a strategy for protecting them and assuring
their continued operation.
NOW, THEREFORE, 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. Establishment. There is hereby established
the President's Commission on Critical Infrastructure
Protection (``Commission'').
(a) Chair. A qualified individual from outside the
Federal Government shall be appointed by the President
to serve as Chair of the Commission. The Commission
Chair shall be employed on a full-time basis.
(b) Members. The head of each of the following
executive branch departments and agencies shall
nominate not more than two full-time members of the
Commission:
(i) Department of the Treasury;
(ii) Department of Justice;
(iii) Department of Defense;
(iv) Department of Commerce;
(v) Department of Transportation;
(vi) Department of Energy;
(vii) Central Intelligence Agency;
(viii) Federal Emergency Management Agency;
(ix) Federal Bureau of Investigation;
(x) National Security Agency.
One of the nominees of each agency may be an individual
from outside the Federal Government who shall be
employed by the agency on a full-time basis. Each
nominee must be approved by the Steering Committee.
Sec. 2. The Principals Committee. The Commission shall
report to the President through a Principals Committee
(``Principals Committee''), which shall review any
reports or recommendations before submission to the
President. The Principals Committee shall comprise the:
(i) Secretary of the Treasury;
(ii) Secretary of Defense;
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(iii) Attorney General;
(iv) Secretary of Commerce;
(v) Secretary of Transportation;
(vi) Secretary of Energy;
(vii) Director of Central Intelligence;
(viii) Director of the Office of Management and
Budget;
(ix) Director of the Federal Emergency Management
Agency;
(x) Assistant to the President for National
Security Affairs;
(xi) Assistant to the Vice President for National
Security Affairs.
Sec. 3. The Steering Committee of the President's
Commission on Critical Infrastructure Protection. A
Steering Committee (``Steering Committee'') shall
oversee the work of the Commission on behalf of the
Principals Committee. The Steering Committee shall
comprise four members appointed by the President. One
of the members shall be the Chair of the Commission and
one shall be an employee of the Executive Office of the
President. The Steering Committee will receive regular
reports on the progress of the Commission's work and
approve the submission of reports to the Principals
Committee.
Sec. 4. Mission. The Commission shall: (a) within 30
days of this order, produce a statement of its mission
objectives, which will elaborate the general objectives
set forth in this order, and a detailed schedule for
addressing each mission objective, for approval by the
Steering Committee;
(b) identify and consult with: (i) elements of the
public and private sectors that conduct, support, or
contribute to infrastructure assurance; (ii) owners and
operators of the critical infrastructures; and (iii)
other elements of the public and private sectors,
including the Congress, that have an interest in
critical infrastructure assurance issues and that may
have differing perspectives on these issues;
(c) assess the scope and nature of the
vulnerabilities of, and threats to, critical
infrastructures;
(d) determine what legal and policy issues are
raised by efforts to protect critical infrastructures
and assess how these issues should be addressed;
(e) recommend a comprehensive national policy and
implementation strategy for protecting critical
infrastructures from physical and cyber threats and
assuring their continued operation;
(f) propose any statutory or regulatory changes
necessary to effect its recommendations; and
(g) produce reports and recommendations to the
Steering Committee as they become available; it shall
not limit itself to producing one final report.
Sec. 5. Advisory Committee to the President's
Commission on Critical Infrastructure Protection. (a)
The Commission shall receive advice from an advisory
committee (``Advisory Committee'') composed of no more
than ten individuals appointed by the President from
the private sector who are knowledgeable about critical
infrastructures. The Advisory Committee shall advise
the Commission on the subjects of the Commission's
mission in whatever manner the Advisory Committee, the
Commission Chair, and the Steering Committee deem
appropriate.
(b) A Chair shall be designated by the President
from among the members of the Advisory Committee.
(c) The Advisory Committee shall be established in
compliance with the Federal Advisory Committee Act, as
amended (5 U.S.C. App.). The Department of Defense
shall perform the functions of the President under the
Federal Advisory Committee Act for the Advisory
Committee, except that of reporting to the Congress, in
accordance with the guidelines and procedures
established by the Administrator of General Services.
[[Page 37349]]
Sec. 6. Administration. (a) All executive departments
and agencies shall cooperate with the Commission and
provide such assistance, information, and advice to the
Commission as it may request, to the extent permitted
by law.
(b) The Commission and the Advisory Committee may
hold open and closed hearings, conduct inquiries, and
establish subcommittees, as necessary.
(c) Members of the Advisory Committee shall serve
without compensation for their work on the Advisory
Committee. While engaged in the work of the Advisory
Committee, members may be allowed travel expenses,
including per diem in lieu of subsistence, as
authorized by law for persons serving intermittently in
the government service.
(d) To the extent permitted by law, and subject to
the availability of appropriations, the Department of
Defense shall provide the Commission and the Advisory
Committee with administrative services, staff, other
support services, and such funds as may be necessary
for the performance of its functions and shall
reimburse the executive branch components that provide
representatives to the Commission for the compensation
of those representatives.
(e) In order to augment the expertise of the
Commission, the Department of Defense may, at the
Commission's request, contract for the services of
nongovernmental consultants who may prepare analyses,
reports, background papers, and other materials for
consideration by the Commission. In addition, at the
Commission's request, executive departments and
agencies shall request that existing Federal advisory
committees consider and provide advice on issues of
critical infrastructure protection, to the extent
permitted by law.
(f) The Commission, the Principals Committee, the
Steering Committee, and the Advisory Committee shall
terminate 1 year from the date of this order, unless
extended by the President prior to that date.
Sec. 7. Interim Coordinating Mission. (a) While the
Commission is conducting its analysis and until the
President has an opportunity to consider and act on its
recommendations, there is a need to increase
coordination of existing infrastructure protection
efforts in order to better address, and prevent, crises
that would have a debilitating regional or national
impact. There is hereby established an Infrastructure
Protection Task Force (``IPTF'') within the Department
of Justice, chaired by the Federal Bureau of
Investigation, to undertake this interim coordinating
mission.
(b) The IPTF will not supplant any existing
programs or organizations.
(c) The Steering Committee shall oversee the work
of the IPTF.
(d) The IPTF shall include at least one full-time
member each from the Federal Bureau of Investigation,
the Department of Defense, and the National Security
Agency. It shall also receive part-time assistance from
other executive branch departments and agencies.
Members shall be designated by their departments or
agencies on the basis of their expertise in the
protection of critical infrastructures. IPTF members'
compensation shall be paid by their parent agency or
department.
(e) The IPTF's function is to identify and
coordinate existing expertise, inside and outside of
the Federal Government, to:
(i) provide, or facilitate and coordinate the
provision of, expert guidance to critical
infrastructures to detect, prevent, halt, or confine an
attack and to recover and restore service;
(ii) issue threat and warning notices in the event
advance information is obtained about a threat;
(iii) provide training and education on methods of
reducing vulnerabilities and responding to attacks on
critical infrastructures;
[[Page 37350]]
(iv) conduct after-action analysis to determine
possible future threats, targets, or methods of attack;
and
(v) coordinate with the pertinent law enforcement
authorities during or after an attack to facilitate any
resulting criminal investigation.
(f) All executive departments and agencies shall
cooperate with the IPTF and provide such assistance,
information, and advice as the IPTF may request, to the
extent permitted by law.
(g) All executive departments and agencies shall
share with the IPTF information about threats and
warning of attacks, and about actual attacks on
critical infrastructures, to the extent permitted by
law.
(h) The IPTF shall terminate no later than 180 days
after the termination of the Commission, unless
extended by the President prior to that date.
Sec. 8. General. (a) This order is not intended to
change any existing statutes or Executive orders.
(b) This order is not intended to create any right,
benefit, trust, or responsibility, substantive or
procedural, enforceable at law or equity by a party
against the United States, its agencies, its officers,
or any person.
(Presidential Sig.)
THE WHITE HOUSE,
July 15, 1996.
[FR Doc. 96-18351
Filed 7-16-96; 11:24 am]
Billing code 3195-01-P