[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Presidential Documents]
[Pages 9349-9353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03714]



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Vol. 80

Friday,

No. 34

February 20, 2015

Part III





The President





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Executive Order 13691--Promoting Private Sector Cybersecurity 
Information Sharing



Memorandum of February 15, 2015--Promoting Economic Competitiveness 
While Safeguarding Privacy, Civil Rights, and Civil Liberties in 
Domestic Use of Unmanned Aircraft Systems
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                         Presidential Documents 
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  Federal Register / Vol. 80 , No. 34 / Friday, February 20, 2015 / 
Presidential Documents  

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 Title 3--
 The President

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                Executive Order 13691 of February 13, 2015

                
Promoting Private Sector Cybersecurity 
                Information Sharing

                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. Policy. In order to address cyber threats to 
                public health and safety, national security, and 
                economic security of the United States, private 
                companies, nonprofit organizations, executive 
                departments and agencies (agencies), and other entities 
                must be able to share information related to 
                cybersecurity risks and incidents and collaborate to 
                respond in as close to real time as possible.

                Organizations engaged in the sharing of information 
                related to cybersecurity risks and incidents play an 
                invaluable role in the collective cybersecurity of the 
                United States. The purpose of this order is to 
                encourage the voluntary formation of such 
                organizations, to establish mechanisms to continually 
                improve the capabilities and functions of these 
                organizations, and to better allow these organizations 
                to partner with the Federal Government on a voluntary 
                basis.

                Such information sharing must be conducted in a manner 
                that protects the privacy and civil liberties of 
                individuals, that preserves business confidentiality, 
                that safeguards the information being shared, and that 
                protects the ability of the Government to detect, 
                investigate, prevent, and respond to cyber threats to 
                the public health and safety, national security, and 
                economic security of the United States.

                This order builds upon the foundation established by 
                Executive Order 13636 of February 12, 2013 (Improving 
                Critical Infrastructure Cybersecurity), and 
                Presidential Policy Directive-21 (PPD-21) of February 
                12, 2013 (Critical Infrastructure Security and 
                Resilience).

                Policy coordination, guidance, dispute resolution, and 
                periodic in-progress reviews for the functions and 
                programs described and assigned herein shall be 
                provided through the interagency process established in 
                Presidential Policy Directive-l (PPD-l) of February 13, 
                2009 (Organization of the National Security Council 
                System), or any successor.

                Sec. 2. Information Sharing and Analysis Organizations. 
                (a) The Secretary of Homeland Security (Secretary) 
                shall strongly encourage the development and formation 
                of Information Sharing and Analysis Organizations 
                (ISAOs).

                    (b) ISAOs may be organized on the basis of sector, 
                sub-sector, region, or any other affinity, including in 
                response to particular emerging threats or 
                vulnerabilities. ISAO membership may be drawn from the 
                public or private sectors, or consist of a combination 
                of public and private sector organizations. ISAOs may 
                be formed as for-profit or nonprofit entities.
                    (c) The National Cybersecurity and Communications 
                Integration Center (NCCIC), established under section 
                226(b) of the Homeland Security Act of 2002 (the 
                ``Act''), shall engage in continuous, collaborative, 
                and inclusive coordination with ISAOs on the sharing of 
                information related to cybersecurity risks and 
                incidents, addressing such risks and incidents, and 
                strengthening information security systems consistent 
                with sections 212 and 226 of the Act.
                    (d) In promoting the formation of ISAOs, the 
                Secretary shall consult with other Federal entities 
                responsible for conducting cybersecurity activities,

[[Page 9350]]

                including Sector-Specific Agencies, independent 
                regulatory agencies at their discretion, and national 
                security and law enforcement agencies.

                Sec. 3. ISAO Standards Organization. (a) The Secretary, 
                in consultation with other Federal entities responsible 
                for conducting cybersecurity and related activities, 
                shall, through an open and competitive process, enter 
                into an agreement with a nongovernmental organization 
                to serve as the ISAO Standards Organization (SO), which 
                shall identify a common set of voluntary standards or 
                guidelines for the creation and functioning of ISAOs 
                under this order. The standards shall further the goal 
                of creating robust information sharing related to 
                cybersecurity risks and incidents with ISAOs and among 
                ISAOs to create deeper and broader networks of 
                information sharing nationally, and to foster the 
                development and adoption of automated mechanisms for 
                the sharing of information. The standards will address 
                the baseline capabilities that ISAOs under this order 
                should possess and be able to demonstrate. These 
                standards shall address, but not be limited to, 
                contractual agreements, business processes, operating 
                procedures, technical means, and privacy protections, 
                such as minimization, for ISAO operation and ISAO 
                member participation.

                    (b) To be selected, the SO must demonstrate the 
                ability to engage and work across the broad community 
                of organizations engaged in sharing information related 
                to cybersecurity risks and incidents, including ISAOs, 
                and associations and private companies engaged in 
                information sharing in support of their customers.
                    (c) The agreement referenced in section 3(a) shall 
                require that the SO engage in an open public review and 
                comment process for the development of the standards 
                referenced above, soliciting the viewpoints of existing 
                entities engaged in sharing information related to 
                cybersecurity risks and incidents, owners and operators 
                of critical infrastructure, relevant agencies, and 
                other public and private sector stakeholders.
                    (d) The Secretary shall support the development of 
                these standards and, in carrying out the requirements 
                set forth in this section, shall consult with the 
                Office of Management and Budget, the National Institute 
                of Standards and Technology in the Department of 
                Commerce, Department of Justice, the Information 
                Security Oversight Office in the National Archives and 
                Records Administration, the Office of the Director of 
                National Intelligence, Sector-Specific Agencies, and 
                other interested Federal entities. All standards shall 
                be consistent with voluntary international standards 
                when such international standards will advance the 
                objectives of this order, and shall meet the 
                requirements of the National Technology Transfer and 
                Advancement Act of 1995 (Public Law 104-113), and OMB 
                Circular A-119, as revised.

                Sec. 4. Critical Infrastructure Protection Program. (a) 
                Pursuant to sections 213 and 214(h) of the Critical 
                Infrastructure Information Act of 2002, I hereby 
                designate the NCCIC as a critical infrastructure 
                protection program and delegate to it authority to 
                enter into voluntary agreements with ISAOs in order to 
                promote critical infrastructure security with respect 
                to cybersecurity.

                    (b) Other Federal entities responsible for 
                conducting cybersecurity and related activities to 
                address threats to the public health and safety, 
                national security, and economic security, consistent 
                with the objectives of this order, may participate in 
                activities under these agreements.
                    (c) The Secretary will determine the eligibility of 
                ISAOs and their members for any necessary facility or 
                personnel security clearances associated with voluntary 
                agreements in accordance with Executive Order 13549 of 
                August 18, 2010 (Classified National Security 
                Information Programs for State, Local, Tribal, and 
                Private Sector Entities), and Executive Order 12829 of 
                January 6, 1993 (National Industrial Security Program), 
                as amended, including as amended by this order.

                Sec. 5. Privacy and Civil Liberties Protections. (a) 
                Agencies shall coordinate their activities under this 
                order with their senior agency officials for privacy 
                and civil liberties and ensure that appropriate 
                protections for privacy and

[[Page 9351]]

                civil liberties are incorporated into such activities. 
                Such protections shall be based upon the Fair 
                Information Practice Principles and other privacy and 
                civil liberties policies, principles, and frameworks as 
                they apply to each agency's activities.

                    (b) Senior privacy and civil liberties officials 
                for agencies engaged in activities under this order 
                shall conduct assessments of their agency's activities 
                and provide those assessments to the Department of 
                Homeland Security (DHS) Chief Privacy Officer and the 
                DHS Office for Civil Rights and Civil Liberties for 
                consideration and inclusion in the Privacy and Civil 
                Liberties Assessment report required under Executive 
                Order 13636.

                Sec. 6. National Industrial Security Program. Executive 
                Order 12829, as amended, is hereby further amended as 
                follows:

                    (a) the second paragraph is amended by inserting 
                ``the Intelligence Reform and Terrorism Prevention Act 
                of 2004,'' after ``the National Security Act of 1947, 
                as amended,'';
                    (b) Sec. 101(b) is amended to read as follows: 
                ``The National Industrial Security Program shall 
                provide for the protection of information classified 
                pursuant to Executive Order 13526 of December 29, 2009, 
                or any predecessor or successor order, and the Atomic 
                Energy Act of 1954, as amended (42 U.S.C. 2011 et 
                seq.).'';
                    (c) Sec. 102(b) is amended by replacing the first 
                paragraph with: ``In consultation with the National 
                Security Advisor, the Director of the Information 
                Security Oversight Office, in accordance with Executive 
                Order 13526 of December 29, 2009, shall be responsible 
                for implementing and monitoring the National Industrial 
                Security Program and shall:'';
                    (d) Sec. 102(c) is amended to read as follows: 
                ``Nothing in this order shall be construed to supersede 
                the authority of the Secretary of Energy or the Nuclear 
                Regulatory Commission under the Atomic Energy Act of 
                1954, as amended (42 U.S.C. 2011 et seq.), or the 
                authority of the Director of National Intelligence (or 
                any Intelligence Community element) under the 
                Intelligence Reform and Terrorism Prevention Act of 
                2004, the National Security Act of 1947, as amended, or 
                Executive Order 12333 of December 8, 1981, as amended, 
                or the authority of the Secretary of Homeland Security, 
                as the Executive Agent for the Classified National 
                Security Information Program established under 
                Executive Order 13549 of August 18, 2010 (Classified 
                National Security Information Program for State, Local, 
                Tribal, and Private Sector Entities).'';
                    (e) Sec. 201(a) is amended to read as follows: 
                ``The Secretary of Defense, in consultation with all 
                affected agencies and with the concurrence of the 
                Secretary of Energy, the Nuclear Regulatory Commission, 
                the Director of National Intelligence, and the 
                Secretary of Homeland Security, shall issue and 
                maintain a National Industrial Security Program 
                Operating Manual (Manual). The Secretary of Energy and 
                the Nuclear Regulatory Commission shall prescribe and 
                issue that portion of the Manual that pertains to 
                information classified under the Atomic Energy Act of 
                1954, as amended (42 U.S.C. 2011 et seq.). The Director 
                of National Intelligence shall prescribe and issue that 
                portion of the Manual that pertains to intelligence 
                sources and methods, including Sensitive Compartmented 
                Information. The Secretary of Homeland Security shall 
                prescribe and issue that portion of the Manual that 
                pertains to classified information shared under a 
                designated critical infrastructure protection 
                program.'';
                    (f) Sec. 201(f) is deleted in its entirety;
                    (g) Sec. 201(e) is redesignated Sec. 201(f) and 
                revised by substituting ``Executive Order 13526 of 
                December 29, 2009, or any successor order,'' for 
                ``Executive Order No. 12356 of April 2, 1982.'';
                    (h) Sec. 201(d) is redesignated Sec. 201(e) and 
                revised by substituting ``the Director of National 
                Intelligence, and the Secretary of Homeland Security'' 
                for ``and the Director of Central Intelligence.'';

[[Page 9352]]

                    (i) a new Sec. 201(d) is inserted after Sec. 201(c) 
                to read as follows: ``The Manual shall also prescribe 
                arrangements necessary to permit and enable secure 
                sharing of classified information under a designated 
                critical infrastructure protection program to such 
                authorized individuals and organizations as determined 
                by the Secretary of Homeland Security.'';
                    (j) Sec. 202(b) is amended to read as follows: 
                ``The Director of National Intelligence retains 
                authority over access to intelligence sources and 
                methods, including Sensitive Compartmented Information. 
                The Director of National Intelligence may inspect and 
                monitor contractor, licensee, and grantee programs and 
                facilities that involve access to such information or 
                may enter into written agreements with the Secretary of 
                Defense, as Executive Agent, or with the Director of 
                the Central Intelligence Agency to inspect and monitor 
                these programs or facilities, in whole or in part, on 
                the Director's behalf.'';
                    (k) Sec. 202(d) is redesignated as Sec. 202(e); and
                    (l) in Sec. 202 a new subsection (d) is inserted 
                after subsection (c) to read as follows: ``The 
                Secretary of Homeland Security may determine the 
                eligibility for access to Classified National Security 
                Information of contractors, licensees, and grantees and 
                their respective employees under a designated critical 
                infrastructure protection program, including parties to 
                agreements with such program; the Secretary of Homeland 
                Security may inspect and monitor contractor, licensee, 
                and grantee programs and facilities or may enter into 
                written agreements with the Secretary of Defense, as 
                Executive Agent, or with the Director of the Central 
                Intelligence Agency, to inspect and monitor these 
                programs or facilities in whole or in part, on behalf 
                of the Secretary of Homeland Security.''

                Sec. 7. Definitions. (a) ``Critical infrastructure 
                information'' has the meaning given the term in section 
                212(3) of the Critical Infrastructure Information Act 
                of 2002.

                    (b) ``Critical infrastructure protection program'' 
                has the meaning given the term in section 212(4) of the 
                Critical Infrastructure Information Act of 2002.
                    (c) ``Cybersecurity risk'' has the meaning given 
                the term in section 226(a)(1) of the Homeland Security 
                Act of 2002 (as amended by the National Cybersecurity 
                Protection Act of 2014).
                    (d) ``Fair Information Practice Principles'' means 
                the eight principles set forth in Appendix A of the 
                National Strategy for Trusted Identities in Cyberspace.
                    (e) ``Incident'' has the meaning given the term in 
                section 226(a)(2) of the Homeland Security Act of 2002 
                (as amended by the National Cybersecurity Protection 
                Act of 2014).
                    (f) ``Information Sharing and Analysis 
                Organization'' has the meaning given the term in 
                section 212(5) of the Critical Infrastrucure 
                Information Act of 2002.
                    (g) ``Sector-Specific Agency'' has the meaning 
                given the term in PPD-21, or any successor.

                Sec. 8. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law or Executive Order to an agency, or the 
head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations. Nothing in this order shall be 
                construed to alter or limit any authority or 
                responsibility of an agency under existing law 
                including those activities conducted with the private 
                sector relating to criminal and national security 
                threats. Nothing in this order shall be construed to 
                provide an agency with authority for regulating

[[Page 9353]]

                the security of critical infrastructure in addition to 
                or to a greater extent than the authority the agency 
                has under existing law.
                    (c) All actions taken pursuant to this order shall 
                be consistent with requirements and authorities to 
                protect intelligence and law enforcement sources and 
                methods.
                    (d) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    February 13, 2015.

[FR Doc. 2015-03714
Filed 2-19-15; 2:00 pm]
Billing code 3295-F5