7441 Presidential Documents Federal Register Vol 81 No 29 Friday February 12 2016 Title 3— Executive Order 13718 of February 9 2016 The President 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 asabaliauskas on DSK9F6TC42PROD with RULES2 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 VerDate Sep 11 2014 16 18 Feb 11 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E FR FM 12FEE0 SGM 12FEE0 7442 Federal Register Vol 81 No 29 Friday February 12 2016 Presidential Documents 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 asabaliauskas on DSK9F6TC42PROD with RULES2 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 VerDate Sep 11 2014 16 18 Feb 11 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E FR FM 12FEE0 SGM 12FEE0 Federal Register Vol 81 No 29 Friday February 12 2016 Presidential Documents 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 asabaliauskas on DSK9F6TC42PROD with RULES2 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 VerDate Sep 11 2014 16 18 Feb 11 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E FR FM 12FEE0 SGM 12FEE0 7444 Federal Register Vol 81 No 29 Friday February 12 2016 Presidential Documents 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 THE WHITE HOUSE February 9 2016 FR Doc 2016–03038 Filed 2–11–16 8 45 am VerDate Sep 11 2014 16 18 Feb 11 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E FR FM 12FEE0 SGM 12FEE0 OB#1 EPS GPH asabaliauskas on DSK9F6TC42PROD with RULES2 Billing code 3295–F6–P