[Federal Register Volume 81, Number 29 (Friday, February 12, 2016)]
[Presidential Documents]
[Pages 7441-7444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03038]


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  Federal Register / Vol. 81 , No. 29 / Friday, February 12, 2016 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 7441]]

                Executive Order 13718 of February 9, 2016

                
Commission on Enhancing National Cybersecurity

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, and in order to enhance cybersecurity 
                awareness and protections at all levels of Government, 
                business, and society, to protect privacy, to ensure 
                public safety and economic and national security, and 
                to empower Americans to take better control of their 
                digital security, it is hereby ordered as follows:

                Section 1. Establishment. There is established within 
                the Department of Commerce the Commission on Enhancing 
                National Cybersecurity (Commission).

                Sec. 2. Membership. (a) The Commission shall be 
                composed of not more than 12 members appointed by the 
                President. The members of the Commission may include 
                those with knowledge about or experience in 
                cybersecurity, the digital economy, national security 
                and law enforcement, corporate governance, risk 
                management, information technology (IT), privacy, 
                identity management, Internet governance and standards, 
                government administration, digital and social media, 
                communications, or any other area determined by the 
                President to be of value to the Commission. The Speaker 
                of the House of Representatives, the Minority Leader of 
                the House of Representatives, the Majority Leader of 
                the Senate, and the Minority Leader of the Senate are 
                each invited to recommend one individual for membership 
                on the Commission. No federally registered lobbyist or 
                person presently otherwise employed by the Federal 
                Government may serve on the Commission.

                    (b) The President shall designate one member of the 
                Commission to serve as the Chair and one member of the 
                Commission to serve as the Vice Chair.

                Sec. 3. Mission and Work. The Commission will make 
                detailed recommendations to strengthen cybersecurity in 
                both the public and private sectors while protecting 
                privacy, ensuring public safety and economic and 
                national security, fostering discovery and development 
                of new technical solutions, and bolstering partnerships 
                between Federal, State, and local government and the 
                private sector in the development, promotion, and use 
                of cybersecurity technologies, policies, and best 
                practices. The Commission's recommendations should 
                address actions that can be taken over the next decade 
                to accomplish these goals.

                    (a) In developing its recommendations, the 
                Commission shall identify and study actions necessary 
                to further improve cybersecurity awareness, risk 
                management, and adoption of best practices throughout 
                the private sector and at all levels of government. 
                These areas of study may include methods to influence 
                the way individuals and organizations perceive and use 
                technology and approach cybersecurity as consumers and 
                providers in the digital economy; demonstrate the 
                nature and severity of cybersecurity threats, the 
                importance of mitigation, and potential ways to manage 
                and reduce the economic impacts of cyber risk; improve 
                access to the knowledge needed to make informed cyber 
                risk management decisions related to privacy, economic 
                impact, and business continuity; and develop 
                partnerships with industry, civil society, and 
                international stakeholders. At a minimum, the 
                Commission shall develop recommendations regarding:

(i) how best to bolster the protection of systems and data, including how 
to advance identity management, authentication, and cybersecurity

[[Page 7442]]

of online identities, in light of technological developments and other 
trends;

(ii) ensuring that cybersecurity is a core element of the technologies 
associated with the Internet of Things and cloud computing, and that the 
policy and legal foundation for cybersecurity in the context of the 
Internet of Things is stable and adaptable;

(iii) further investments in research and development initiatives that can 
enhance cybersecurity;

(iv) increasing the quality, quantity, and level of expertise of the 
cybersecurity workforce in the Federal Government and private sector, 
including through education and training;

(v) improving broad-based education of commonsense cybersecurity practices 
for the general public; and

(vi) any other issues that the President, through the Secretary of Commerce 
(Secretary), requests the Commission to consider.

                    (b) In developing its recommendations, the 
                Commission shall also identify and study advances in 
                technology, management, and IT service delivery that 
                should be developed, widely adopted, or further tested 
                throughout the private sector and at all levels of 
                government, and in particular in the Federal Government 
                and by critical infrastructure owners and operators. 
                These areas of study may include cybersecurity 
                technologies and other advances that are responsive to 
                the rapidly evolving digital economy, and approaches to 
                accelerating the introduction and use of emerging 
                methods designed to enhance early detection, 
                mitigation, and management of cyber risk in the 
                security and privacy, and business and governance 
                sectors. At a minimum, the Commission shall develop 
                recommendations regarding:

(i) governance, procurement, and management processes for Federal civilian 
IT systems, applications, services, and infrastructure, including the 
following:

  (A) a framework for identifying which IT services should be developed 
internally or shared across agencies, and for specific investment 
priorities for all such IT services;

  (B) a framework to ensure that as Federal civilian agencies procure, 
modernize, or upgrade their IT systems, cybersecurity is incorporated into 
the process;

  (C) a governance model for managing cybersecurity risk, enhancing 
resilience, and ensuring appropriate incident response and recovery in the 
operations of, and delivery of goods and services by, the Federal 
Government; and

  (D) strategies to overcome barriers that make it difficult for the 
Federal Government to adopt and keep pace with industry best practices;

(ii) effective private sector and government approaches to critical 
infrastructure protection in light of current and projected trends in 
cybersecurity threats and the connected nature of the United States 
economy;

(iii) steps State and local governments can take to enhance cybersecurity, 
and how the Federal Government can best support such steps; and

(iv) any other issues that the President, through the Secretary, requests 
the Commission to consider.

                    (c) To accomplish its mission, the Commission 
                shall:

(i) reference and, as appropriate, build on successful existing 
cybersecurity policies, public-private partnerships, and other initiatives;

(ii) consult with cybersecurity, national security and law enforcement, 
privacy, management, technology, and digital economy experts in the public 
and private sectors;

[[Page 7443]]

(iii) seek input from those who have experienced significant cybersecurity 
incidents to understand lessons learned from these experiences, including 
identifying any barriers to awareness, risk management, and investment;

(iv) review reported information from the Office of Management and Budget 
regarding Federal information and information systems, including legacy 
systems, in order to assess critical Federal civilian IT infrastructures, 
governance, and management processes;

(v) review the impact of technological trends and market forces on existing 
cybersecurity policies and practices; and

(vi) examine other issues related to the Commission's mission that the 
Chair and Vice Chair agree are necessary and appropriate to the 
Commission's work.

                    (d) Where appropriate, the Commission may conduct 
                original research, commission studies, and hold 
                hearings to further examine particular issues.
                    (e) The Commission shall be advisory in nature and 
                shall submit a final report to the President by 
                December 1, 2016. This report shall be published on a 
                public Web site along with any appropriate response 
                from the President within 45 days after it is provided 
                to the President.

                Sec. 4. Administration. (a) The Commission shall hold 
                periodic meetings in public forums in an open and 
                transparent environment.

                    (b) In carrying out its mission, the Commission 
                shall be informed by, and shall strive to avoid 
                duplicating, the efforts of other governmental 
                entities.
                    (c) The Commission shall have a staff, headed by an 
                Executive Director, which shall provide support for the 
                functions of the Commission. The Secretary shall 
                appoint the Executive Director, who shall be a full-
                time Federal employee, and the Commission's staff. The 
                Executive Director may also serve as the Designated 
                Federal Officer in accordance with the Federal Advisory 
                Committee Act, as amended, 5 U.S.C. App. (FACA, the 
                ``Act'').
                    (d) The Executive Director, in consultation with 
                the Chair and Vice Chair, shall have the authority to 
                create subcommittees as necessary to support the 
                Commission's work and to examine particular areas of 
                importance. These subcommittees must report their work 
                to the Commission to inform its final recommendations.
                    (e) The Secretary will work with the heads of 
                executive departments and agencies, to the extent 
                permitted by law and consistent with their ongoing 
                activities, to provide the Commission such information 
                and cooperation as it may require for purposes of 
                carrying out its mission.

                Sec. 5. Termination. The Commission shall terminate 
                within 15 days after it presents its final report to 
                the President, unless extended by the President.

                Sec. 6. General Provisions. (a) To the extent permitted 
                by law, and subject to the availability of 
                appropriations, the Secretary shall direct the Director 
                of the National Institute of Standards and Technology 
                to provide the Commission with such expertise, 
                services, funds, facilities, staff, equipment, and 
                other support services as may be necessary to carry out 
                its mission.

                    (b) Insofar as FACA may apply to the Commission, 
                any functions of the President under that Act, except 
                for those in section 6 and section 14 of that Act, 
                shall be performed by the Secretary.
                    (c) Members of the Commission shall serve without 
                any compensation for their work on the Commission, but 
                shall be allowed travel expenses, including per diem in 
                lieu of subsistence, to the extent permitted by law for 
                persons serving intermittently in the Government 
                service (5 U.S.C. 5701-5707).
                    (d) Nothing in this order shall be construed to 
                impair or otherwise affect:

(i) the authority granted by law to a department, agency, or the head 
thereof; or

[[Page 7444]]

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

                    (e) 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 9, 2016.

[FR Doc. 2016-03038
Filed 2-11-16; 8:45 am]
Billing code 3295-F6-P