Executive Orders EO 13231 i a multi-year plan based on the data collected concerning identification of barriers to and successful models for closing the educational achievement gap for Hispanic Americans that provides for a coordinated effort among parents community leaders business leaders educators and public officials at the local State and Federal levels to close the educational achievement gap for Hispanic Americans and ensure attainment of the goals established by the President’s ‘‘No Child Left Behind’’ educational blueprint ii the development of a monitoring system that measures and holds executive branch departments and agencies accountable for the coordination of Federal efforts among the designated executive departments and agencies to ensure the participation of Hispanic Americans in Federal education programs and promote high-quality education for Hispanic Americans iii the identification of successful methods employed throughout the Nation in increasing parental State and local private sector and community involvement in improving education for Hispanic Americans iv ways to improve on and measure the effectiveness of Federal agencies’ education programs in ensuring that Hispanic Americans close the educational achievement gap and attain the goals established by the President’s ‘‘No Child Left Behind’’ educational blueprint and v how Federal Government education programs can best be applied to ensure Hispanic parents successfully prepare their children to attend post secondary institutions Sec 8 The Commission shall terminate 30 days after submitting its final report unless extended by the President Sec 9 Executive Order 12900 of February 22 1994 as amended is revoked GEORGE W BUSH THE WHITE HOUSE October 12 2001 Executive Order 13231 of October 16 2001 Critical Infrastructure Protection in the Information Age By the authority vested in me as President by the Constitution and the laws of the United States of America and in order to ensure protection of information systems for critical infrastructure including emergency preparedness communications and the physical assets that support such systems in the information age it is hereby ordered as follows Section 1 Policy a The information technology revolution has changed the way business is transacted government operates and national defense is conducted Those three functions now depend on an interdependent network of critical information infrastructures The protection program authorized by this order shall consist of continuous efforts to secure information systems for critical infrastructure including emergency preparedness communications 805 VerDate Feb 8 2002 06 23 Feb 11 2002 Jkt 000000 PO 00000 Frm 00805 Fmt 8090 Sfmt 8090 D CFRS PRESDOCS 197005T XXX apps27 PsN 197005T EO 13231 Title 3—The President and the physical assets that support such systems Protection of these systems is essential to the telecommunications energy financial services manufacturing water transportation health care and emergency services sectors b It is the policy of the United States to protect against disruption of the operation of information systems for critical infrastructure and thereby help to protect the people economy essential human and government services and national security of the United States and to ensure that any disruptions that occur are infrequent of minimal duration and manageable and cause the least damage possible The implementation of this policy shall include a voluntary public-private partnership involving corporate and nongovernmental organizations Sec 2 Scope To achieve this policy there shall be a senior executive branch board to coordinate and have cognizance of Federal efforts and programs that relate to protection of information systems and involve a cooperation with and protection of private sector critical infrastructure State and local governments’ critical infrastructure and supporting programs in corporate and academic organizations b protection of Federal departments’ and agencies’ critical infrastructure and c related national security programs Sec 3 Establishment I hereby establish the ‘‘President’s Critical Infrastructure Protection Board’’ the ‘‘Board’’ Sec 4 Continuing Authorities This order does not alter the existing authorities or roles of United States Government departments and agencies Authorities set forth in 44 U S C Chapter 35 and other applicable law provide senior officials with responsibility for the security of Federal Government information systems a Executive Branch Information Systems Security The Director of the Office of Management and Budget OMB has the responsibility to develop and oversee the implementation of government-wide policies principles standards and guidelines for the security of information systems that support the executive branch departments and agencies except those noted in section 4 b of this order The Director of OMB shall advise the President and the appropriate department or agency head when there is a critical deficiency in the security practices within the purview of this section in an executive branch department or agency The Board shall assist and support the Director of OMB in this function and shall be reasonably cognizant of programs related to security of department and agency information systems b National Security Information Systems The Secretary of Defense and the Director of Central Intelligence DCI shall have responsibility to oversee develop and ensure implementation of policies principles standards and guidelines for the security of information systems that support the operations under their respective control In consultation with the Assistant to the President for National Security Affairs and the affected departments and agencies the Secretary of Defense and the DCI shall develop policies principles standards and guidelines for the security of national security information systems that support the operations of other executive branch departments and agencies with national security information 806 VerDate Feb 8 2002 06 23 Feb 11 2002 Jkt 000000 PO 00000 Frm 00806 Fmt 8090 Sfmt 8090 D CFRS PRESDOCS 197005T XXX apps27 PsN 197005T Executive Orders EO 13231 i Policies principles standards and guidelines developed under this subsection may require more stringent protection than those developed in accordance with subsection 4 a of this order ii The Assistant to the President for National Security Affairs shall advise the President and the appropriate department or agency head when there is a critical deficiency in the security practices of a department or agency within the purview of this section The Board or one of its standing or ad hoc committees shall be reasonably cognizant of programs to provide security and continuity to national security information systems c Additional Responsibilities The Heads of Executive Branch Departments and Agencies The heads of executive branch departments and agencies are responsible and accountable for providing and maintaining adequate levels of security for information systems including emergency preparedness communications systems for programs under their control Heads of such departments and agencies shall ensure the development and within available appropriations funding of programs that adequately address these mission areas Cost-effective security shall be built into and made an integral part of government information systems especially those critical systems that support the national security and other essential government programs Additionally security should enable and not unnecessarily impede department and agency business operations Sec 5 Board Responsibilities Consistent with the responsibilities noted in section 4 of this order the Board shall recommend policies and coordinate programs for protecting information systems for critical infrastructure including emergency preparedness communications and the physical assets that support such systems Among its activities to implement these responsibilities the Board shall a Outreach to the Private Sector and State and Local Governments In consultation with affected executive branch departments and agencies coordinate outreach to and consultation with the private sector including corporations that own operate develop and equip information telecommunications transportation energy water health care and financial services on protection of information systems for critical infrastructure including emergency preparedness communications and the physical assets that support such systems and coordinate outreach to State and local governments as well as communities and representatives from academia and other relevant elements of society i When requested to do so assist in the development of voluntary standards and best practices in a manner consistent with 15 U S C Chapter 7 ii Consult with potentially affected communities including the legal auditing financial and insurance communities to the extent permitted by law to determine areas of mutual concern and 807 VerDate Feb 8 2002 06 23 Feb 11 2002 Jkt 000000 PO 00000 Frm 00807 Fmt 8090 Sfmt 8090 D CFRS PRESDOCS 197005T XXX apps27 PsN 197005T EO 13231 Title 3—The President iii Coordinate the activities of senior liaison officers appointed by the Attorney General the Secretaries of Energy Commerce Transportation the Treasury and Health and Human Services and the Director of the Federal Emergency Management Agency for outreach on critical infrastructure protection issues with private sector organizations within the areas of concern to these departments and agencies In these and other related functions the Board shall work in coordination with the Critical Infrastructure Assurance Office CIAO and the National Institute of Standards and Technology of the Department of Commerce the National Infrastructure Protection Center NIPC and the National Communications System NCS b Information Sharing Work with industry State and local governments and nongovernmental organizations to ensure that systems are created and well managed to share threat warning analysis and recovery information among government network operation centers information sharing and analysis centers established on a voluntary basis by industry and other related operations centers In this and other related functions the Board shall work in coordination with the NCS the Federal Computer Incident Response Center the NIPC and other departments and agencies as appropriate c Incident Coordination and Crisis Response Coordinate programs and policies for responding to information systems security incidents that threaten information systems for critical infrastructure including emergency preparedness communications and the physical assets that support such systems In this function the Department of Justice through the NIPC and the Manager of the NCS and other departments and agencies as appropriate shall work in coordination with the Board d Recruitment Retention and Training Executive Branch Security Professionals In consultation with executive branch departments and agencies coordinate programs to ensure that government employees with responsibilities for protecting information systems for critical infrastructure including emergency preparedness communications and the physical assets that support such systems are adequately trained and evaluated In this function the Office of Personnel Management shall work in coordination with the Board as appropriate e Research and Development Coordinate with the Director of the Office of Science and Technology Policy OSTP on a program of Federal Government research and development for protection of information systems for critical infrastructure including emergency preparedness communications and the physical assets that support such systems and ensure coordination of government activities in this field with corporations universities Federally funded research centers and national laboratories In this function the Board shall work in coordination with the National Science Foundation the Defense Advanced Research Projects Agency and with other departments and agencies as appropriate f Law Enforcement Coordination with National Security Components Promote programs against cyber crime and assist Federal law enforcement agencies in gaining necessary cooperation from executive branch departments and agencies Support Federal law enforcement agencies’ investigation of illegal activities involving information systems for critical infrastructure including emergency preparedness communications and the 808 VerDate Feb 8 2002 06 23 Feb 11 2002 Jkt 000000 PO 00000 Frm 00808 Fmt 8090 Sfmt 8090 D CFRS PRESDOCS 197005T XXX apps27 PsN 197005T Executive Orders EO 13231 physical assets that support such systems and support coordination by these agencies with other departments and agencies with responsibilities to defend the Nation’s security In this function the Board shall work in coordination with the Department of Justice through the NIPC and the Department of the Treasury through the Secret Service and with other departments and agencies as appropriate g International Information Infrastructure Protection Support the Department of State’s coordination of United States Government programs for international cooperation covering international information infrastructure protection issues h Legislation In accordance with OMB circular A–19 advise departments and agencies the Director of OMB and the Assistant to the President for Legislative Affairs on legislation relating to protection of information systems for critical infrastructure including emergency preparedness communications and the physical assets that support such systems i Coordination with Office of Homeland Security Carry out those functions relating to protection of and recovery from attacks against information systems for critical infrastructure including emergency preparedness communications that were assigned to the Office of Homeland Security by Executive Order 13228 of October 8 2001 The Assistant to the President for Homeland Security in coordination with the Assistant to the President for National Security Affairs shall be responsible for defining the responsibilities of the Board in coordinating efforts to protect physical assets that support information systems Sec 6 Membership a Members of the Board shall be drawn from the executive branch departments agencies and offices listed below in addition concerned Federal departments and agencies may participate in the activities of appropriate committees of the Board The Board shall be led by a Chair and Vice Chair designated by the President Its other members shall be the following senior officials or their designees i Secretary of State ii Secretary of the Treasury iii Secretary of Defense iv Attorney General v Secretary of Commerce vi Secretary of Health and Human Services vii Secretary of Transportation viii Secretary of Energy ix Director of Central Intelligence x Chairman of the Joint Chiefs of Staff xi Director of the Federal Emergency Management Agency xii Administrator of General Services xiii Director of the Office of Management and Budget xiv Director of the Office of Science and Technology Policy xv Chief of Staff to the Vice President 809 VerDate Feb 8 2002 06 23 Feb 11 2002 Jkt 000000 PO 00000 Frm 00809 Fmt 8090 Sfmt 8090 D CFRS PRESDOCS 197005T XXX apps27 PsN 197005T EO 13231 Title 3—The President xvi Director of the National Economic Council xvii Assistant to the President for National Security Affairs xviii Assistant to the President for Homeland Security xix Chief of Staff to the President and xx Such other executive branch officials as the President may designate Members of the Board and their designees shall be full-time or permanent part-time officers or employees of the Federal Government b In addition the following officials shall serve as members of the Board and shall form the Board’s Coordination Committee i Director Critical Infrastructure Assurance Office Department of Commerce ii Manager National Communications System iii Vice Chair Chief Information Officers’ CIO Council iv Information Assurance Director National Security Agency v Deputy Director of Central Intelligence for Community Management and vi Director National Infrastructure Protection Center Federal Bureau of Investigation Department of Justice c The Chairman of the Federal Communications Commission may appoint a representative to the Board Sec 7 Chair a The Chair also shall be the Special Advisor to the President for Cyberspace Security Executive branch departments and agencies shall make all reasonable efforts to keep the Chair fully informed in a timely manner and to the greatest extent permitted by law of all programs and issues within the purview of the Board The Chair in consultation with the Board shall call and preside at meetings of the Board and set the agenda for the Board The Chair in consultation with the Board may propose policies and programs to appropriate officials to ensure the protection of the Nation’s information systems for critical infrastructure including emergency preparedness communications and the physical assets that support such systems To ensure full coordination between the responsibilities of the National Security Council NSC and the Office of Homeland Security the Chair shall report to both the Assistant to the President for National Security Affairs and to the Assistant to the President for Homeland Security The Chair shall coordinate with the Assistant to the President for Economic Policy on issues relating to private sector systems and economic effects and with the Director of OMB on issues relating to budgets and the security of computer networks addressed in subsection 4 a of this order b The Chair shall be assisted by an appropriately sized staff within the White House Office In addition heads of executive branch departments and agencies are authorized to the extent permitted by law to detail or assign personnel of such departments and agencies to the Board’s staff upon request of the Chair subject to the approval of the Chief of Staff to the President Members of the Board’s staff with responsibilities relating to national security information systems communications and information warfare may with respect to those responsibilities also work at the direction of the Assistant to the President for National Security Affairs Sec 8 Standing Committees a The Board may establish standing and ad hoc committees as appropriate Representation on standing committees 810 VerDate Feb 8 2002 06 23 Feb 11 2002 Jkt 000000 PO 00000 Frm 00810 Fmt 8090 Sfmt 8090 D CFRS PRESDOCS 197005T XXX apps27 PsN 197005T Executive Orders EO 13231 shall not be limited to those departments and agencies on the Board but may include representatives of other concerned executive branch departments and agencies b Chairs of standing and ad hoc committees shall report fully and regularly on the activities of the committees to the Board which shall ensure that the committees are well coordinated with each other c There are established the following standing committees i Private Sector and State and Local Government Outreach chaired by the designee of the Secretary of Commerce to work in coordination with the designee of the Chairman of the National Economic Council ii Executive Branch Information Systems Security chaired by the designee of the Director of OMB The committee shall assist OMB in fulfilling its responsibilities under 44 U S C Chapter 35 and other applicable law iii National Security Systems The National Security Telecommunications and Information Systems Security Committee as established by and consistent with NSD–42 and chaired by the Department of Defense shall serve as a Board standing committee and be redesignated the Committee on National Security Systems iv Incident Response Coordination co-chaired by the designees of the Attorney General and the Secretary of Defense v Research and Development chaired by a designee of the Director of OSTP vi National Security and Emergency Preparedness Communications The NCS Committee of Principals is renamed the Board’s Committee for National Security and Emergency Preparedness Communications The reporting functions established above for standing committees are in addition to the functions set forth in Executive Order 12472 of April 3 1984 and do not alter any function or role set forth therein vii Physical Security co-chaired by the designees of the Secretary of Defense and the Attorney General to coordinate programs to ensure the physical security of information systems for critical infrastructure including emergency preparedness communications and the physical assets that support such systems The standing committee shall coordinate its work with the Office of Homeland Security and shall work closely with the Physical Security Working Group of the Records Access and Information Security Policy Coordinating Committee to ensure coordination of efforts viii Infrastructure Interdependencies co-chaired by the designees of the Secretaries of Transportation and Energy to coordinate programs to assess the unique risks threats and vulnerabilities associated with the interdependency of information systems for critical infrastructures including the development of effective models simulations and other analytic tools and cost-effective technologies in this area ix International Affairs chaired by a designee of the Secretary of State to support Department of State coordination of United States Government programs for international cooperation covering international information infrastructure issues x Financial and Banking Information Infrastructure chaired by a designee of the Secretary of the Treasury and including representatives of the banking and financial institution regulatory agencies 811 VerDate Feb 8 2002 06 23 Feb 11 2002 Jkt 000000 PO 00000 Frm 00811 Fmt 8090 Sfmt 8090 D CFRS PRESDOCS 197005T XXX apps27 PsN 197005T EO 13231 Title 3—The President xi Other Committees Such other standing committees as may be established by the Board d Subcommittees The chair of each standing committee may form necessary subcommittees with organizational representation as determined by the Chair e Streamlining The Board shall develop procedures that specify the manner in which it or a subordinate committee will perform the responsibilities previously assigned to the Policy Coordinating Committee The Board in coordination with the Director of OSTP shall review the functions of the Joint Telecommunications Resources Board established under Executive Order 12472 and make recommendations about its future role Sec 9 Planning and Budget a The Board on a periodic basis shall propose a National Plan or plans for subjects within its purview The Board in coordination with the Office of Homeland Security also shall make recommendations to OMB on those portions of executive branch department and agency budgets that fall within the Board’s purview after review of relevant program requirements and resources b The Office of Administration within the Executive Office of the President shall provide the Board with such personnel funding and administrative support to the extent permitted by law and subject to the availability of appropriations as directed by the Chief of Staff to carry out the provisions of this order Only those funds that are available for the Office of Homeland Security established by Executive Order 13228 shall be available for such purposes To the extent permitted by law and as appropriate agencies represented on the Board also may provide administrative support for the Board The National Security Agency shall ensure that the Board’s information and communications systems are appropriately secured c The Board may annually request the National Science Foundation Department of Energy Department of Transportation Environmental Protection Agency Department of Commerce Department of Defense and the Intelligence Community as that term is defined in Executive Order 12333 of December 4 1981 to include in their budget requests to OMB funding for demonstration projects and research to support the Board’s activities Sec 10 Presidential Advisory Panels The Chair shall work closely with panels of senior experts from outside of the government that advise the President in particular the President’s National Security Telecommunications Advisory Committee NSTAC created by Executive Order 12382 of September 13 1982 as amended and the National Infrastructure Advisory Council NIAC or Council created by this Executive Order The Chair and Vice Chair of these two panels also may meet with the Board as appropriate and to the extent permitted by law to provide a private sector perspective a NSTAC The NSTAC provides the President advice on the security and continuity of communications systems essential for national security and emergency preparedness b NIAC There is hereby established the National Infrastructure Advisory Council which shall provide the President advice on the security of information systems for critical infrastructure supporting other sectors of the economy banking and finance transportation energy manufacturing and emergency government services The NIAC shall be composed of not more than 30 members appointed by the President The members of the 812 VerDate Feb 8 2002 06 23 Feb 11 2002 Jkt 000000 PO 00000 Frm 00812 Fmt 8090 Sfmt 8090 D CFRS PRESDOCS 197005T XXX apps27 PsN 197005T Executive Orders EO 13231 NIAC shall be selected from the private sector academia and State and local government Members of the NIAC shall have expertise relevant to the functions of the NIAC and generally shall be selected from industry Chief Executive Officers and equivalently ranked leaders in other organizations with responsibilities for the security of information infrastructure supporting the critical sectors of the economy including banking and finance transportation energy communications and emergency government services Members shall not be full-time officials or employees of the executive branch of the Federal Government i The President shall designate a Chair and Vice Chair from among the members of the NIAC ii The Chair of the Board established by this order will serve as the Executive Director of the NIAC c NIAC Functions The NIAC will meet periodically to i enhance the partnership of the public and private sectors in protecting information systems for critical infrastructures and provide reports on this issue to the President as appropriate ii propose and develop ways to encourage private industry to perform periodic risk assessments of critical information and telecommunications systems iii monitor the development of private sector Information Sharing and Analysis Centers ISACs and provide recommendations to the Board on how these organizations can best foster improved cooperation among the ISACs the NIPC and other Federal Government entities iv report to the President through the Board which shall ensure appropriate coordination with the Assistant to the President for Economic Policy under the terms of this order and v advise lead agencies with critical infrastructure responsibilities sector coordinators the NIPC the ISACs and the Board d Administration of the NIAC i The NIAC may hold hearings conduct inquiries and establish subcommittees as appropriate ii Upon the request of the Chair and to the extent permitted by law the heads of the executive branch departments and agencies shall provide the Council with information and advice relating to its functions iii Senior Federal Government officials may participate in the meetings of the NIAC as appropriate iv Members shall serve without compensation for their work on the Council However members may be allowed travel expenses including per diem in lieu of subsistence as authorized by law for persons serving intermittently in Federal Government service 5 U S C 5701–5707 v To the extent permitted by law and subject to the availability of appropriations the Department of Commerce through the CIAO shall provide the NIAC with administrative services staff and other support services and such funds as may be necessary for the performance of the NIAC’s functions e General Provisions 813 VerDate Feb 8 2002 06 23 Feb 11 2002 Jkt 000000 PO 00000 Frm 00813 Fmt 8090 Sfmt 8090 D CFRS PRESDOCS 197005T XXX apps27 PsN 197005T EO 13232 Title 3—The President i Insofar as the Federal Advisory Committee Act as amended 5 U S C App may apply to the NIAC the functions of the President under that Act except that of reporting to the Congress shall be performed by the Department of Commerce in accordance with the guidelines and procedures established by the Administrator of General Services ii The Council shall terminate 2 years from the date of this order unless extended by the President prior to that date iii Executive Order 13130 of July 14 1999 is hereby revoked Sec 11 National Communications System Changes in technology are causing the convergence of much of telephony data relay and internet communications networks into an interconnected network of networks The NCS and its National Coordinating Center shall support use of telephony converged information voice networks and next generation networks for emergency preparedness and national security communications functions assigned to them in Executive Order 12472 All authorities and assignments of responsibilities to departments and agencies in that order including the role of the Manager of NCS remain unchanged except as explicitly modified by this order Sec 12 Counter-intelligence The Board shall coordinate its activities with those of the Office of the Counter-intelligence Executive to address the threat to programs within the Board’s purview from hostile foreign intelligence services Sec 13 Classification Authority I hereby delegate to the Chair the authority to classify information originally as Top Secret in accordance with Executive Order 12958 of April 17 1995 as amended or any successor Executive Order Sec 14 General Provisions a Nothing in this order shall supersede any requirement made by or under law b This order does not create any right or benefit substantive or procedural enforceable at law or equity against the United States its departments agencies or other entities its officers or employees or any other person GEORGE W BUSH THE WHITE HOUSE October 16 2001 Executive Order 13232 of October 20 2001 Further Amendment to Executive Order 10789 as Amended To Authorize the Department of Health and Human Services To Exercise Certain Contracting Authority in Connection With National Defense Functions By the authority vested in me as President by the Constitution and the laws of the United States of America including 50 U S C 1431–35 and in order to authorize the Department of Health and Human Services to exercise certain contracting authority in connection with national defense functions it 814 VerDate Feb 8 2002 06 23 Feb 11 2002 Jkt 000000 PO 00000 Frm 00814 Fmt 8090 Sfmt 8090 D CFRS PRESDOCS 197005T XXX apps27 PsN 197005T