[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;

[[Page 37348]]

                    (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