Eo 13691

Vol. 80

Friday,

No. 34

February 20, 2015

Part III

The President

TKELLEY on DSK3SPTVN1PROD with E0

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

VerDate Sep<11>2014

20:12 Feb 19, 2015

Jkt 235001

PO 00000

Frm 00001

Fmt 4717

Sfmt 4717

E:\FR\FM\20FEE0.SGM

20FEE0

TKELLEY on DSK3SPTVN1PROD with E0

VerDate Sep<11>2014

20:12 Feb 19, 2015

Jkt 235001

PO 00000

Frm 00002

Fmt 4717

Sfmt 4717

E:\FR\FM\20FEE0.SGM

20FEE0

9349

Presidential Documents

Federal Register
Vol. 80, No. 34
Friday, February 20, 2015

Title 3—

Executive Order 13691 of February 13, 2015

The President

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.

TKELLEY on DSK3SPTVN1PROD with E0

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,

VerDate Sep<11>2014

20:12 Feb 19, 2015

Jkt 235001

PO 00000

Frm 00003

Fmt 4705

Sfmt 4790

E:\FR\FM\20FEE0.SGM

20FEE0

9350

Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Presidential Documents
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.

TKELLEY on DSK3SPTVN1PROD with E0

(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

VerDate Sep<11>2014

20:12 Feb 19, 2015

Jkt 235001

PO 00000

Frm 00004

Fmt 4705

Sfmt 4790

E:\FR\FM\20FEE0.SGM

20FEE0

Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Presidential Documents

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.’’;

TKELLEY on DSK3SPTVN1PROD with E0

(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.’’;

VerDate Sep<11>2014

20:12 Feb 19, 2015

Jkt 235001

PO 00000

Frm 00005

Fmt 4705

Sfmt 4790

E:\FR\FM\20FEE0.SGM

20FEE0

9352

Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Presidential Documents
(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.

TKELLEY on DSK3SPTVN1PROD with E0

(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

VerDate Sep<11>2014

20:12 Feb 19, 2015

Jkt 235001

PO 00000

Frm 00006

Fmt 4705

Sfmt 4790

E:\FR\FM\20FEE0.SGM

20FEE0

Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Presidential Documents

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.

THE WHITE HOUSE,
February 13, 2015.
[FR Doc. 2015–03714
Filed 2–19–15; 2:00 pm]

VerDate Sep<11>2014

20:12 Feb 19, 2015

Jkt 235001

PO 00000

Frm 00007

Fmt 4705

Sfmt 4790

E:\FR\FM\20FEE0.SGM

20FEE0

OB#1.EPS

TKELLEY on DSK3SPTVN1PROD with E0

Billing code 3295–F5