Amending Regulations Relating to the Safeguarding of Vessels, Harbors, Ports, and Waterfront Facilities of the United States

Executive Order Number: 14116
President: Joseph R. Biden Jr.
Signed: February 21, 2024
Published: February 26, 2024
Source: Federal Register
Original Document: https://www.govinfo.gov/content/pkg/FR-2024-02-26/pdf/2024-04012.pdf

AI-Generated Summary

Executive Order 14116: Amending Regulations Relating to the Safeguarding of Vessels, Harbors, Ports, and Waterfront Facilities of the United States

Purpose

The purpose of Executive Order 14116 is to enhance the security of the United States by amending regulations concerning the safeguarding of vessels, harbors, ports, and waterfront facilities. This is in response to ongoing and sophisticated malicious cyber campaigns that threaten U.S. international relations and national security.

Key Actions or Directives

Amendments to Regulations: The order amends Part 6 of title 33 of the Code of Federal Regulations, specifically sections 6.01-3, 6.01-5, 6.04-5, 6.04-6, 6.04-7, 6.04-8, 6.10-7, 6.14-1, 6.14-2, 6.16-1, 6.16-3, and 6.19-1 to include provisions related to cybersecurity.
Definitions and Authority: New definitions for "damage" and "cyber incident" are added to reflect cybersecurity concerns. The authority of the Captain of the Port is expanded to include actions related to cybersecurity, such as preventing access to digital infrastructure and establishing security zones.
Reporting Requirements: The order mandates immediate reporting of evidence of sabotage, subversive activity, or cyber incidents to the Federal Bureau of Investigation, the Cybersecurity and Infrastructure Security Agency, and the Captain of the Port.
Safety Measures and Precautions: The Commandant may prescribe safety measures to prevent, detect, assess, and remediate cyber incidents. Vessel and waterfront facility operators are required to take precautions against sabotage, including cyber threats.
Coordination: The Commandant is directed to coordinate with the Department of Justice and other relevant executive departments and agencies in enforcing these amended regulations.

Significant Changes to Policy or Law

Cybersecurity Integration: The order integrates cybersecurity concerns into existing regulations, expanding the scope of the Captain of the Port's authority to include digital infrastructure.
Reporting Obligations: New reporting requirements for cyber incidents are introduced, which could lead to increased oversight and response capabilities.
Safety Measures Expansion: The Commandant's authority to prescribe safety measures is broadened to include cybersecurity, potentially affecting how safety protocols are developed and enforced.

Potential Impacts

Government Agencies: The Coast Guard, FBI, and CISA will see increased responsibilities and coordination requirements, potentially requiring additional resources and training.
Citizens and Businesses: Operators of vessels and waterfront facilities will need to enhance their cybersecurity measures and reporting practices, which may incur additional costs and compliance efforts.
International Relations: By addressing cyber threats, the order may strengthen U.S. security measures, potentially affecting international trade and relations with countries involved in or affected by cyber campaigns.

Main Stakeholders Affected

Coast Guard and Captain of the Port: Direct recipients of expanded authority and responsibilities.
Vessel and Waterfront Facility Operators: Required to comply with new cybersecurity and reporting obligations.
Federal Bureau of Investigation (FBI) and Cybersecurity and Infrastructure Security Agency (CISA): Agencies responsible for receiving and responding to reports of cyber incidents.
International Trading Partners: May be indirectly affected by changes in U.S. port and harbor security practices.

Legal, Constitutional, or Political Implications

Legal Implications: The order expands existing regulations to include cybersecurity, which may require legal clarification or further regulatory action to fully implement.
Constitutional Implications: The order is issued under the President's authority as granted by the Constitution and specific legislation, ensuring it aligns with existing legal frameworks.
Political Implications: The focus on cybersecurity in response to international threats may influence political discussions around national security and international relations, potentially affecting policy priorities and resource allocation.

This executive order represents a significant step in integrating cybersecurity into the regulatory framework for the protection of U.S. maritime infrastructure, reflecting the evolving nature of threats to national security.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.