[Weekly Compilation of Presidential Documents Volume 32, Number 29 (Monday, July 22, 1996)]
[Pages 1242-1245]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 13010--Critical Infrastructure Protection
July 15, 1996
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:
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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;
(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
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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.
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
[[Page 1245]]
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;
(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.
William J. Clinton
The White House,
July 15, 1996.
[Filed with the Office of the Federal Register, 11:24 a.m., July 16,
1996]
Note: This Executive order was published in the Federal Register on July
17.