issue-2016-02-12•Federal Register executive orders — 2016-02-12
Federal Register executive orders — 2016-02-12
issue-2016-02-12Federal Register executive orders — 2016-02-12Executive Order
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 2016-03141 Establishment of the Federal Privacy Council
[Federal Register Volume 81, Number 29 (Friday, February 12, 2016)]
[Presidential Documents]
[Pages 7687-7689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03141]
[[Page 7685]]
Vol. 81
Friday,
No. 29
February 12, 2016
Part IV
The President
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Executive Order 13719--Establishment of the Federal Privacy Council
Presidential Documents
Federal Register / Vol. 81 , No. 29 / Friday, February 12, 2016 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 7687]]
Executive Order 13719 of February 9, 2016
Establishment of the Federal Privacy Council
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. The mission of the United States
Government is to serve its people. In order to
accomplish its mission, the Government lawfully
collects, maintains, and uses large amounts of
information about people in a wide range of contexts.
Protecting privacy in the collection and handling of
this information is fundamental to the successful
accomplishment of the Government's mission. The proper
functioning of Government requires the public's trust,
and to maintain that trust the Government must strive
to uphold the highest standards for collecting,
maintaining, and using personal data. Privacy has been
at the heart of our democracy from its inception, and
we need it now more than ever.
Executive departments and agencies (agencies) already
take seriously their mission to protect privacy and
have been working diligently to advance that mission
through existing interagency mechanisms. Today's
challenges, however, require that we find even more
effective and innovative ways to improve the
Government's efforts. Our efforts to meet these new
challenges and preserve our core value of privacy,
while delivering better and more effective Government
services for the American people, demand leadership and
enhanced coordination and collaboration among a diverse
group of stakeholders and experts.
Therefore, it shall be the policy of the United States
Government that agencies shall establish an interagency
support structure that: builds on existing interagency
efforts to protect privacy and provides expertise and
assistance to agencies; expands the skill and career
development opportunities of agency privacy
professionals; improves the management of agency
privacy programs by identifying and sharing lessons
learned and best practices; and promotes collaboration
between and among agency privacy professionals to
reduce unnecessary duplication of efforts and to ensure
the effective, efficient, and consistent implementation
of privacy policy Government-wide.
Sec. 2. Policy on Senior Agency Officials for Privacy.
Within 120 days of the date of this order, the Director
of the Office of Management and Budget (Director) shall
issue a revised policy on the role and designation of
the Senior Agency Officials for Privacy. The policy
shall provide guidance on the Senior Agency Official
for Privacy's responsibilities at their agencies,
required level of expertise, adequate level of
resources, and other matters as determined by the
Director. Agencies shall implement the requirements of
the policy within a reasonable time frame as prescribed
by the Director and consistent with applicable law.
Sec. 3. Responsibilities of Agency Heads. The head of
each agency, consistent with guidance to be issued by
the Director as required in section 2 of this order,
shall designate or re-designate a Senior Agency
Official for Privacy with the experience and skills
necessary to manage an agency-wide privacy program. In
addition, the head of each agency, to the extent
permitted by law and consistent with ongoing
activities, shall work with the Federal Privacy
Council, established in section 4 of this order.
Sec. 4. The Federal Privacy Council.
[[Page 7688]]
(a) Establishment. There is hereby established the
Federal Privacy Council (Privacy Council) as the
principal interagency forum to improve the Government
privacy practices of agencies and entities acting on
their behalf. The establishment of the Privacy Council
will help Senior Agency Officials for Privacy at
agencies better coordinate and collaborate, educate the
Federal workforce, and exchange best practices. The
activities of the Privacy Council will reinforce the
essential work that agency privacy officials undertake
every day to protect privacy.
(b) Membership. The Chair of the Privacy Council
shall be the Deputy Director for Management of the
Office of Management and Budget. The Chair may
designate a Vice Chair, establish working groups, and
assign responsibilities for operations of the Privacy
Council as he or she deems necessary. In addition to
the Chair, the Privacy Council shall be composed of the
Senior Agency Officials for Privacy at the following
agencies:
Sec. 5. General Provisions. (a) Nothing in this order
shall be construed to impair or othewise affect:
(i) Department of State;
(ii) Department of the Treasury;
(iii) Department of Defense;
(iv) Department of Justice;
(v) Department of the Interior;
(vi) Department of Agriculture;
(vii) Department of Commerce;
(viii) Department of Labor;
(ix) Department of Health and Human Services;
(x) Department of Homeland Security;
(xi) Department of Housing and Urban Development;
(xii) Department of Transportation;
(xiii) Department of Energy;
(xiv) Department of Education;
(xv) Department of Veterans Affairs;
(xvi) Environmental Protection Agency;
(xvii) Office of the Director of National Intelligence;
(xviii) Small Business Administration;
(xix) National Aeronautics and Space Administration;
(xx) Agency for International Development;
(xxi) General Services Administration;
(xxii) National Science Foundation;
(xxiii) Office of Personnel Management; and
(xxiv) National Archives and Records Administration.
The Privacy Council may also include other officials
from agencies and offices, as the Chair may designate,
and the Chair may invite the participation of officials
from such independent agencies as he or she deems
appropriate.
(c) Functions. The Privacy Council shall:
(i) develop recommendations for the Office of Management and Budget on
Federal Government privacy policies and requirements;
(ii) coordinate and share ideas, best practices, and approaches for
protecting privacy and implementing appropriate privacy safeguards;
(iii) assess and recommend how best to address the hiring, training, and
professional development needs of the Federal Government with respect to
privacy matters; and
[[Page 7689]]
(iv) perform other privacy-related functions, consistent with law, as
designated by the Chair.
(d) Coordination.
(i) The Chair and the Privacy Council shall coordinate with the Federal
Chief Information Officers Council (CIO Council) to promote consistency and
efficiency across the executive branch when addressing privacy and
information security issues. In addition, the Chairs of the Privacy Council
and the CIO Council shall coordinate to ensure that the work of the two
councils is complementary and not duplicative.
(ii) The Chair and the Privacy Council should coordinate, as appropriate,
with such other interagency councils and councils and offices within the
Executive Office of the President, as appropriate, including the
President's Management Council, the Chief Financial Officers Council, the
President's Council on Integrity and Efficiency, the National Science and
Technology Council, the National Economic Council, the Domestic Policy
Council, the National Security Council staff, the Office of Science and
Technology Policy, the Interagency Council on Statistical Policy, the
Federal Acquisition Regulatory Council, and the Small Agency Council.
Sec. 5. General Provisions. (a) 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
(ii) the functions of the Director relating to budgetary, administrative,
or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) Independent agencies are encouraged to comply
with the requirements of this order.
(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 9, 2016.
[FR Doc. 2016-03141
Filed 2-11-16; 11:15 am]
Billing code 3295-F6-P
Complete official Federal Register PDF
FR Doc. 2016-03038 Commission on Enhancing National Cybersecurity
[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]
Presidential Documents
Federal Register / Vol. 81 , No. 29 / Friday, February 12, 2016 /
Presidential Documents
___________________________________________________________________
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
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