Presidential DocumentExecutive Order 138002017-10004
Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure
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Published
May 16, 2017
Signed
May 11, 2017
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 82 Issue 93 (Tuesday, May 16, 2017)</title>
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[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Presidential Documents]
[Pages 22391-22397]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2017-10004]
Presidential Documents
Federal Register / Vol. 82 , No. 93 / Tuesday, May 16, 2017 /
Presidential Documents
[[Page 22391]]
Executive Order 13800 of May 11, 2017
Strengthening the Cybersecurity of Federal
Networks and Critical Infrastructure
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and to protect American innovation and values,
it is hereby ordered as follows:
Section 1. Cybersecurity of Federal Networks.
(a) Policy. The executive branch operates its
information technology (IT) on behalf of the American
people. Its IT and data should be secured responsibly
using all United States Government capabilities. The
President will hold heads of executive departments and
agencies (agency heads) accountable for managing
cybersecurity risk to their enterprises. In addition,
because risk management decisions made by agency heads
can affect the risk to the executive branch as a whole,
and to national security, it is also the policy of the
United States to manage cybersecurity risk as an
executive branch enterprise.
(b) Findings.
(i) Cybersecurity risk management comprises the full range of activities
undertaken to protect IT and data from unauthorized access and other cyber
threats, to maintain awareness of cyber threats, to detect anomalies and
incidents adversely affecting IT and data, and to mitigate the impact of,
respond to, and recover from incidents. Information sharing facilitates and
supports all of these activities.
(ii) The executive branch has for too long accepted antiquated and
difficult-to-defend IT.
(iii) Effective risk management involves more than just protecting IT and
data currently in place. It also requires planning so that maintenance,
improvements, and modernization occur in a coordinated way and with
appropriate regularity.
(iv) Known but unmitigated vulnerabilities are among the highest
cybersecurity risks faced by executive departments and agencies (agencies).
Known vulnerabilities include using operating systems or hardware beyond
the vendor's support lifecycle, declining to implement a vendor's security
patch, or failing to execute security-specific configuration guidance.
(v) Effective risk management requires agency heads to lead integrated
teams of senior executives with expertise in IT, security, budgeting,
acquisition, law, privacy, and human resources.
(c) Risk Management.
(i) Agency heads will be held accountable by the President for implementing
risk management measures commensurate with the risk and magnitude of the
harm that would result from unauthorized access, use, disclosure,
disruption, modification, or destruction of IT and data. They will also be
held accountable by the President for ensuring that cybersecurity risk
management processes are aligned with strategic, operational, and budgetary
planning processes, in accordance with chapter 35, subchapter II of title
44, United States Code.
[[Page 22392]]
(ii) Effective immediately, each agency head shall use The Framework for
Improving Critical Infrastructure Cybersecurity (the Framework) developed
by the National Institute of Standards and Technology, or any successor
document, to manage the agency's cybersecurity risk. Each agency head shall
provide a risk management report to the Secretary of Homeland Security and
the Director of the Office of Management and Budget (OMB) within 90 days of
the date of this order. The risk management report shall:
(A) document the risk mitigation and acceptance choices made by each
agency head as of the date of this order, including:
(1) the strategic, operational, and budgetary considerations that informed
those choices; and
(2) any accepted risk, including from unmitigated vulnerabilities; and
(B) describe the agency's action plan to implement the Framework.
(iii) The Secretary of Homeland Security and the Director of OMB,
consistent with chapter 35, subchapter II of title 44, United States Code,
shall jointly assess each agency's risk management report to determine
whether the risk mitigation and acceptance choices set forth in the reports
are appropriate and sufficient to manage the cybersecurity risk to the
executive branch enterprise in the aggregate (the determination).
(iv) The Director of OMB, in coordination with the Secretary of Homeland
Security, with appropriate support from the Secretary of Commerce and the
Administrator of General Services, and within 60 days of receipt of the
agency risk management reports outlined in subsection (c)(ii) of this
section, shall submit to the President, through the Assistant to the
President for Homeland Security and Counterterrorism, the following:
(A) the determination; and
(B) a plan to:
(1) adequately protect the executive branch enterprise, should the
determination identify insufficiencies;
(2) address immediate unmet budgetary needs necessary to manage risk to the
executive branch enterprise;
(3) establish a regular process for reassessing and, if appropriate,
reissuing the determination, and addressing future, recurring unmet
budgetary needs necessary to manage risk to the executive branch
enterprise;
(4) clarify, reconcile, and reissue, as necessary and to the extent
permitted by law, all policies, standards, and guidelines issued by any
agency in furtherance of chapter 35, subchapter II of title 44, United
States Code, and, as necessary and to the extent permitted by law, issue
policies, standards, and guidelines in furtherance of this order; and
(5) align these policies, standards, and guidelines with the Framework.
(v) The agency risk management reports described in subsection (c)(ii) of
this section and the determination and plan described in subsections
(c)(iii) and (iv) of this section may be classified in full or in part, as
appropriate.
(vi) Effective immediately, it is the policy of the executive branch to
build and maintain a modern, secure, and more resilient executive branch IT
architecture.
(A) Agency heads shall show preference in their procurement for shared IT
services, to the extent permitted by law, including email, cloud, and
cybersecurity services.
(B) The Director of the American Technology Council shall coordinate a
report to the President from the Secretary of Homeland Security, the
Director of OMB, and the Administrator of General Services, in consultation
with the Secretary of Commerce, as appropriate, regarding modernization of
Federal IT. The report shall:
[[Page 22393]]
(1) be completed within 90 days of the date of this order; and
(2) describe the legal, policy, and budgetary considerations relevant to--
as well as the technical feasibility and cost effectiveness, including
timelines and milestones, of--transitioning all agencies, or a subset of
agencies, to:
(aa) one or more consolidated network
architectures; and
(bb) shared IT services, including email, cloud,
and cybersecurity services.
(C) The report described in subsection (c)(vi)(B) of this section shall
assess the effects of transitioning all agencies, or a subset of agencies,
to shared IT services with respect to cybersecurity, including by making
recommendations to ensure consistency with section 227 of the Homeland
Security Act (6 U.S.C. 148) and compliance with policies and practices
issued in accordance with section 3553 of title 44, United States Code. All
agency heads shall supply such information concerning their current IT
architectures and plans as is necessary to complete this report on time.
(vii) For any National Security System, as defined in section 3552(b)(6) of
title 44, United States Code, the Secretary of Defense and the Director of
National Intelligence, rather than the Secretary of Homeland Security and
the Director of OMB, shall implement this order to the maximum extent
feasible and appropriate. The Secretary of Defense and the Director of
National Intelligence shall provide a report to the Assistant to the
President for National Security Affairs and the Assistant to the President
for Homeland Security and Counterterrorism describing their implementation
of subsection (c) of this section within 150 days of the date of this
order. The report described in this subsection shall include a
justification for any deviation from the requirements of subsection (c),
and may be classified in full or in part, as appropriate.
Sec. 2. Cybersecurity of Critical Infrastructure.
(a) Policy. It is the policy of the executive
branch to use its authorities and capabilities to
support the cybersecurity risk management efforts of
the owners and operators of the Nation's critical
infrastructure (as defined in section 5195c(e) of title
42, United States Code) (critical infrastructure
entities), as appropriate.
(b) Support to Critical Infrastructure at Greatest
Risk. The Secretary of Homeland Security, in
coordination with the Secretary of Defense, the
Attorney General, the Director of National
Intelligence, the Director of the Federal Bureau of
Investigation, the heads of appropriate sector-specific
agencies, as defined in Presidential Policy Directive
21 of February 12, 2013 (Critical Infrastructure
Security and Resilience) (sector-specific agencies),
and all other appropriate agency heads, as identified
by the Secretary of Homeland Security, shall:
(i) identify authorities and capabilities that agencies could employ to
support the cybersecurity efforts of critical infrastructure entities
identified pursuant to section 9 of Executive Order 13636 of February 12,
2013 (Improving Critical Infrastructure Cybersecurity), to be at greatest
risk of attacks that could reasonably result in catastrophic regional or
national effects on public health or safety, economic security, or national
security (section 9 entities);
(ii) engage section 9 entities and solicit input as appropriate to evaluate
whether and how the authorities and capabilities identified pursuant to
subsection (b)(i) of this section might be employed to support
cybersecurity risk management efforts and any obstacles to doing so;
(iii) provide a report to the President, which may be classified in full or
in part, as appropriate, through the Assistant to the President for
Homeland Security and Counterterrorism, within 180 days of the date of this
order, that includes the following:
[[Page 22394]]
(A) the authorities and capabilities identified pursuant to subsection
(b)(i) of this section;
(B) the results of the engagement and determination required pursuant to
subsection (b)(ii) of this section; and
(C) findings and recommendations for better supporting the cybersecurity
risk management efforts of section 9 entities; and
(iv) provide an updated report to the President on an annual basis
thereafter.
(c) Supporting Transparency in the Marketplace. The
Secretary of Homeland Security, in coordination with
the Secretary of Commerce, shall provide a report to
the President, through the Assistant to the President
for Homeland Security and Counterterrorism, that
examines the sufficiency of existing Federal policies
and practices to promote appropriate market
transparency of cybersecurity risk management practices
by critical infrastructure entities, with a focus on
publicly traded critical infrastructure entities,
within 90 days of the date of this order.
(d) Resilience Against Botnets and Other Automated,
Distributed Threats. The Secretary of Commerce and the
Secretary of Homeland Security shall jointly lead an
open and transparent process to identify and promote
action by appropriate stakeholders to improve the
resilience of the internet and communications ecosystem
and to encourage collaboration with the goal of
dramatically reducing threats perpetrated by automated
and distributed attacks (e.g., botnets). The Secretary
of Commerce and the Secretary of Homeland Security
shall consult with the Secretary of Defense, the
Attorney General, the Director of the Federal Bureau of
Investigation, the heads of sector-specific agencies,
the Chairs of the Federal Communications Commission and
Federal Trade Commission, other interested agency
heads, and appropriate stakeholders in carrying out
this subsection. Within 240 days of the date of this
order, the Secretary of Commerce and the Secretary of
Homeland Security shall make publicly available a
preliminary report on this effort. Within 1 year of the
date of this order, the Secretaries shall submit a
final version of this report to the President.
(e) Assessment of Electricity Disruption Incident
Response Capabilities. The Secretary of Energy and the
Secretary of Homeland Security, in consultation with
the Director of National Intelligence, with State,
local, tribal, and territorial governments, and with
others as appropriate, shall jointly assess:
(i) the potential scope and duration of a prolonged power outage associated
with a significant cyber incident, as defined in Presidential Policy
Directive 41 of July 26, 2016 (United States Cyber Incident Coordination),
against the United States electric subsector;
(ii) the readiness of the United States to manage the consequences of such
an incident; and
(iii) any gaps or shortcomings in assets or capabilities required to
mitigate the consequences of such an incident.
The assessment shall be provided to the President,
through the Assistant to the President for Homeland
Security and Counterterrorism, within 90 days of the
date of this order, and may be classified in full or in
part, as appropriate.
(f) Department of Defense Warfighting Capabilities
and Industrial Base. Within 90 days of the date of this
order, the Secretary of Defense, the Secretary of
Homeland Security, and the Director of the Federal
Bureau of Investigation, in coordination with the
Director of National Intelligence, shall provide a
report to the President, through the Assistant to the
President for National Security Affairs and the
Assistant to the President for Homeland Security and
Counterterrorism, on cybersecurity risks facing the
defense
[[Page 22395]]
industrial base, including its supply chain, and United
States military platforms, systems, networks, and
capabilities, and recommendations for mitigating these
risks. The report may be classified in full or in part,
as appropriate.
Sec. 3. Cybersecurity for the Nation.
(a) Policy. To ensure that the internet remains
valuable for future generations, it is the policy of
the executive branch to promote an open, interoperable,
reliable, and secure internet that fosters efficiency,
innovation, communication, and economic prosperity,
while respecting privacy and guarding against
disruption, fraud, and theft. Further, the United
States seeks to support the growth and sustainment of a
workforce that is skilled in cybersecurity and related
fields as the foundation for achieving our objectives
in cyberspace.
(b) Deterrence and Protection. Within 90 days of
the date of this order, the Secretary of State, the
Secretary of the Treasury, the Secretary of Defense,
the Attorney General, the Secretary of Commerce, the
Secretary of Homeland Security, and the United States
Trade Representative, in coordination with the Director
of National Intelligence, shall jointly submit a report
to the President, through the Assistant to the
President for National Security Affairs and the
Assistant to the President for Homeland Security and
Counterterrorism, on the Nation's strategic options for
deterring adversaries and better protecting the
American people from cyber threats.
(c) International Cooperation. As a highly
connected nation, the United States is especially
dependent on a globally secure and resilient internet
and must work with allies and other partners toward
maintaining the policy set forth in this section.
Within 45 days of the date of this order, the Secretary
of State, the Secretary of the Treasury, the Secretary
of Defense, the Secretary of Commerce, and the
Secretary of Homeland Security, in coordination with
the Attorney General and the Director of the Federal
Bureau of Investigation, shall submit reports to the
President on their international cybersecurity
priorities, including those concerning investigation,
attribution, cyber threat information sharing,
response, capacity building, and cooperation. Within 90
days of the submission of the reports, and in
coordination with the agency heads listed in this
subsection, and any other agency heads as appropriate,
the Secretary of State shall provide a report to the
President, through the Assistant to the President for
Homeland Security and Counterterrorism, documenting an
engagement strategy for international cooperation in
cybersecurity.
(d) Workforce Development. In order to ensure that
the United States maintains a long-term cybersecurity
advantage:
(i) The Secretary of Commerce and the Secretary of Homeland Security, in
consultation with the Secretary of Defense, the Secretary of Labor, the
Secretary of Education, the Director of the Office of Personnel Management,
and other agencies identified jointly by the Secretary of Commerce and the
Secretary of Homeland Security, shall:
(A) jointly assess the scope and sufficiency of efforts to educate and
train the American cybersecurity workforce of the future, including
cybersecurity-related education curricula, training, and apprenticeship
programs, from primary through higher education; and
(B) within 120 days of the date of this order, provide a report to the
President, through the Assistant to the President for Homeland Security and
Counterterrorism, with findings and recommendations regarding how to
support the growth and sustainment of the Nation's cybersecurity workforce
in both the public and private sectors.
(ii) The Director of National Intelligence, in consultation with the heads
of other agencies identified by the Director of National Intelligence,
shall:
(A) review the workforce development efforts of potential foreign cyber
peers in order to help identify foreign workforce development practices
likely to affect long-term United States cybersecurity competitiveness; and
[[Page 22396]]
(B) within 60 days of the date of this order, provide a report to the
President through the Assistant to the President for Homeland Security and
Counterterrorism on the findings of the review carried out pursuant to
subsection (d)(ii)(A) of this section.
(iii) The Secretary of Defense, in coordination with the Secretary of
Commerce, the Secretary of Homeland Security, and the Director of National
Intelligence, shall:
(A) assess the scope and sufficiency of United States efforts to ensure
that the United States maintains or increases its advantage in national-
security-related cyber capabilities; and
(B) within 150 days of the date of this order, provide a report to the
President, through the Assistant to the President for Homeland Security and
Counterterrorism, with findings and recommendations on the assessment
carried out pursuant to subsection (d)(iii)(A) of this section.
(iv) The reports described in this subsection may be classified in full or
in part, as appropriate.
Sec. 4. Definitions. For the purposes of this order:
(a) The term ``appropriate stakeholders'' means any
non-executive-branch person or entity that elects to
participate in an open and transparent process
established by the Secretary of Commerce and the
Secretary of Homeland Security under section 2(d) of
this order.
(b) The term ``information technology'' (IT) has
the meaning given to that term in section 11101(6) of
title 40, United States Code, and further includes
hardware and software systems of agencies that monitor
and control physical equipment and processes.
(c) The term ``IT architecture'' refers to the
integration and implementation of IT within an agency.
(d) The term ``network architecture'' refers to the
elements of IT architecture that enable or facilitate
communications between two or more IT assets.
Sec. 5. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of OMB 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) All actions taken pursuant to this order shall
be consistent with requirements and authorities to
protect intelligence and law enforcement sources and
methods. Nothing in this order shall be construed to
supersede measures established under authority of law
to protect the security and integrity of specific
activities and associations that are in direct support
of intelligence or law enforcement operations.
[[Page 22397]]
(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.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
May 11, 2017.
[FR Doc. 2017-10004
Filed 5-15-17; 8:45 am]
Billing code 3295-F7-P
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