[Federal Register Volume 61, Number 140 (Friday, July 19, 1996)]
[Presidential Documents]
[Pages 37657-37662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18555]
Presidential Documents
Federal Register / Vol. 61, No. 140 / Friday, July 19, 1996 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 37657]]
Executive Order 13011 of July 16, 1996
Federal Information Technology
A Government that works better and costs less requires
efficient and effective information systems. The
Paperwork Reduction Act of 1995 and the Information
Technology Management Reform Act of 1996 provide the
opportunity to improve significantly the way the
Federal Government acquires and manages information
technology. Agencies now have the clear authority and
responsibility to make measurable improvements in
mission performance and service delivery to the public
through the strategic application of information
technology. A coordinated approach that builds on
existing structures and successful practices is needed
to provide maximum benefit across the Federal
Government from this technology.
Accordingly, 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. It shall be the policy of the United
States Government that executive agencies shall: (a)
significantly improve the management of their
information systems, including the acquisition of
information technology, by implementing the relevant
provisions of the Paperwork Reduction Act of 1995
(Public Law 104-13), the Information Technology
Management Reform Act of 1996 (Division E of Public Law
104-106) (``Information Technology Act''), and the
Government Performance and Results Act of 1993 (Public
Law 103-62);
(b) refocus information technology management to
support directly their strategic missions, implement an
investment review process that drives budget
formulation and execution for information systems, and
rethink and restructure the way they perform their
functions before investing in information technology to
support that work;
(c) establish clear accountability for information
resources management activities by creating agency
Chief Information Officers (CIOs) with the visibility
and management responsibilities necessary to advise the
agency head on the design, development, and
implementation of those information systems. These
responsibilities include: (1) participating in the
investment review process for information systems; (2)
monitoring and evaluating the performance of those
information systems on the basis of applicable
performance measures; and, (3) as necessary, advising
the agency head to modify or terminate those systems;
(d) cooperate in the use of information technology
to improve the productivity of Federal programs and to
promote a coordinated, interoperable, secure, and
shared Governmentwide infrastructure that is provided
and supported by a diversity of private sector
suppliers and a well-trained corps of information
technology professionals; and
(e) establish an interagency support structure that
builds on existing successful interagency efforts and
shall provide expertise and advice to agencies; expand
the skill and career development opportunities of
information technology professionals; improve the
management and use of information technology within and
among agencies by developing information technology
procedures and standards and by identifying and sharing
experiences, ideas, and promising practices; and
provide innovative, multi-disciplinary, project-
specific support to agencies to enhance
interoperability, minimize unnecessary duplication of
effort, and capitalize on agency successes.
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Sec. 2. Responsibilities of Agency Heads. The head of
each executive agency shall: (a) effectively use
information technology to improve mission performance
and service to the public;
(b) strengthen the quality of decisions about the
employment of information resources to meet mission
needs through integrated analysis, planning, budgeting,
and evaluation processes, including:
(1) determining, before making investments in new
information systems, whether the Government should be
performing the function, if the private sector or
another agency should support the function, and if the
function needs to be or has been appropriately
redesigned to improve its efficiency;
(2) establishing mission-based performance measures
for information systems investments, aligned with
agency performance plans prepared pursuant to the
Government Performance and Results Act of 1993 (Public
Law 103-62);
(3) establishing agency-wide and project-level
management structures and processes responsible and
accountable for managing, selecting, controlling, and
evaluating investments in information systems, with
authority for terminating information systems when
appropriate;
(4) supporting appropriate training of personnel;
and
(5) seeking the advice of, participating in, and
supporting the interagency support structure set forth
in this order;
(c) select CIOs with the experience and skills
necessary to accomplish the duties set out in law and
policy, including this order, and involve the CIO at
the highest level of the agency in the processes and
decisions set out in this section;
(d) ensure that the information security policies,
procedures, and practices of the executive agency are
adequate;
(e) where appropriate, and in accordance with the
Federal Acquisition Regulation and guidance to be
issued by the Office of Management and Budget (OMB),
structure major information systems investments into
manageable projects as narrow in scope and brief in
duration as practicable, consistent with the
Information Technology Act, to reduce risk, promote
flexibility and interoperability, increase
accountability, and better correlate mission need with
current technology and market conditions; and
(f) to the extent permitted by law, enter into a
contract that provides for multiagency acquisitions of
information technology as an executive agent for the
Government, if and in the manner that the Director of
OMB considers it advantageous to do so.
Sec. 3. Chief Information Officers Council. (a) Purpose
and Functions. A Chief Information Officers Council
(``CIO Council'') is established as the principal
interagency forum to improve agency practices on such
matters as the design, modernization, use, sharing, and
performance of agency information resources. The
Council shall:
(1) develop recommendations for overall Federal
information technology management policy, procedures,
and standards;
(2) share experiences, ideas, and promising
practices, including work process redesign and the
development of performance measures, to improve the
management of information resources;
(3) identify opportunities, make recommendations
for, and sponsor cooperation in using information
resources;
(4) assess and address the hiring, training,
classification, and professional development needs of
the Federal Government with respect to information
resources management;
(5) make recommendations and provide advice to
appropriate executive agencies and organizations,
including advice to OMB on the Governmentwide strategic
plan required by the Paperwork Reduction Act of 1995;
and
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(6) seek the views of the Chief Financial Officers
Council, Government Information Technology Services
Board, Information Technology Resources Board, Federal
Procurement Council, industry, academia, and State and
local governments on matters of concern to the Council
as appropriate.
(b) Membership. The CIO Council shall be composed
of the CIOs and Deputy CIOs of the following executive
agencies plus two representatives from other agencies:
1. Department of State;
2. Department of the Treasury;
3. Department of Defense;
4. Department of Justice;
5. Department of the Interior;
6. Department of Agriculture;
7. Department of Commerce;
8. Department of Labor;
9. Department of Health and Human Services;
10. Department of Housing and Urban Development;
11. Department of Transportation;
12. Department of Energy;
13. Department of Education;
14. Department of Veterans Affairs;
15. Environmental Protection Agency;
16. Federal Emergency Management Agency;
17. Central Intelligence Agency;
18. Small Business Administration;
19. Social Security Administration;
20. Department of the Army;
21. Department of the Navy;
22. Department of the Air Force;
23. National Aeronautics and Space Administration;
24. Agency for International Development;
25. General Services Administration;
26. National Science Foundation;
27. Nuclear Regulatory Commission; and
28. Office of Personnel Management.
The Administrator of the Office of Information and
Regulatory Affairs of OMB, the Controller of the Office
of Federal Financial Management of OMB, the
Administrator of the Office of Federal Procurement
Policy of OMB, a Senior Representative of the Office of
Science and Technology Policy, the Chair of the
Government Information Technology Services Board, and
the Chair of the Information Technology Resources Board
shall also be members. The CIO Council shall be chaired
by the Deputy Director for Management of OMB. The Vice
Chair, elected by the CIO Council on a rotating basis,
shall be an agency CIO.
Sec. 4. Government Information Technology Services
Board.
(a) Purpose and Functions. A Government Information
Technology Services Board (``Services Board'') is
established to ensure continued implementation of the
information technology recommendations of the National
Performance
[[Page 37660]]
Review and to identify and promote the development of
innovative technologies, standards, and practices among
agencies and State and local governments and the
private sector. It shall seek the views of experts from
industry, academia, and State and local governments on
matters of concern to the Services Board as
appropriate. The Services Board shall also make
recommendations to the agencies, the CIO Council, OMB,
and others as appropriate, and assist in the following:
(1) creating opportunities for cross-agency
cooperation and intergovernmental approaches in using
information resources to support common operational
areas and to develop and provide shared governmentwide
infrastructure services;
(2) developing shared governmentwide information
infrastructure services to be used for innovative,
multiagency information technology projects;
(3) creating and utilizing affinity groups for
particular business or technology areas; and
(4) developing with the National Institute of
Standards and Technology and with established standards
bodies, standards and guidelines pertaining to Federal
information systems, consistent with the limitations
contained in the Computer Security Act of 1987 (40
U.S.C. 759 note), as amended by the Information
Technology Act.
(b) Membership. The Services Board shall be
composed of individuals from agencies based on their
proven expertise or accomplishments in fields necessary
to achieve its goals. Major government mission areas
such as electronic benefits, electronic commerce, law
enforcement, environmental protection, national
defense, and health care may be represented on the
Services Board to provide a program operations
perspective. Initial selection of members will be made
by OMB in consultation with other agencies as
appropriate. The CIO Council may nominate two members.
The Services Board shall recommend new members to OMB
for consideration. The Chair will be elected by the
Services Board.
Sec. 5. Information Technology Resources Board.
(a) Purpose and Functions. An Information
Technology Resources Board (``Resources Board'') is
established to provide independent assessments to
assist in the development, acquisition, and management
of selected major information systems and to provide
recommendations to agency heads and OMB as appropriate.
The Resources Board shall:
(1) review, at the request of an agency and OMB,
specific information systems proposed or under
development and make recommendations to the agency and
OMB regarding the status of systems or next steps;
(2) publicize lessons learned and promising
practices based on information systems reviewed by the
Board; and
(3) seek the views of experts from industry,
academia, and State and local governments on matters of
concern to the Resources Board, as appropriate.
(b) Membership. The Resources Board shall be
composed of individuals from executive branch agencies
based on their knowledge of information technology,
program, or acquisition management within Federal
agencies. Selection of members shall be made by OMB in
consultation with other agencies as appropriate. The
Chair will be elected by the Resources Board. The
Resources Board may call upon the department or agency
whose project is being reviewed, or any other
department or agency to provide knowledgeable
representative(s) to the Board whose guidance and
expertise will assist in focusing on the primary
issue(s) presented by a specific system.
Sec. 6. Office of Management and Budget. The Director
of OMB shall:
(1) evaluate agency information resources
management practices and, as part of the budget
process, analyze, track and evaluate the risks and
results of all major capital investments for
information systems;
[[Page 37661]]
(2) notify an agency if it believes that a major
information system requires outside assistance;
(3) provide guidance on the implementation of this
order and on the management of information resources to
the executive agencies and to the Boards established by
this order; and
(4) evaluate the effectiveness of the management
structure set out in this order after 3 years and make
recommendations for any appropriate changes.
Sec. 7. General Services Administration. Under the
direction of OMB, the Administrator of General Services
shall:
(1) continue to manage the FTS2000 program and
coordinate the follow-on to that program, on behalf of
and with the advice of customer agencies;
(2) develop, maintain, and disseminate for the use
of the Federal community, as requested by OMB or the
agencies, recommended methods and strategies for the
development and acquisition of information technology;
(3) conduct and manage outreach programs in
cooperation with agency managers;
(4) be a focal point for liaison on information
resources management, including Federal information
technology, with State and local governments, and with
nongovernmental international organizations subject to
prior consultation with the Secretary of State to
ensure such liaison would be consistent with and
support overall United States foreign policy
objectives;
(5) support the activities of the Secretary of
State for liaison, consultation, and negotiation with
intergovernmental organizations in information
resources management matters;
(6) assist OMB, as requested, in evaluating
agencies' performance-based management tracking systems
and agencies' achievement of cost, schedule, and
performance goals; and
(7) provide support and assistance to the
interagency groups established in this order.
Sec. 8. Department of Commerce. The Secretary of
Commerce shall carry out the standards responsibilities
under the Computer Security Act of 1987, as amended by
the Information Technology Act, taking into
consideration the recommendations of the agencies, the
CIO Council, and the Services Board.
Sec. 9. Department of State. (a) The Secretary of State
shall be responsible for liaison, consultation, and
negotiation with foreign governments and
intergovernmental organizations on all matters related
to information resources management, including Federal
information technology. The Secretary shall further
ensure, in consultation with the Secretary of Commerce,
that the United States is represented in the
development of international standards and
recommendations affecting information technology. In
the exercise of these responsibilities, the Secretary
shall consult, as appropriate, with affected domestic
agencies, organizations, and other members of the
public.
(b) The Secretary of State shall advise the
Director on the development of United States positions
and policies on international information policy and
technology issues affecting Federal Government
activities and the development of international
information technology standards.
Sec. 10. Definitions. (a) ``Executive agency'' has the
meaning given to that term in section 4(1) of the
Office of Federal Procurement Policy Act (41 U.S.C.
403(1)).
(b) ``Information Technology'' has the meaning
given that term in section 5002 of the Information
Technology Act.
(c) ``Information resources'' has the meaning given
that term in section 3502(6) of title 44, United States
Code.
(d) ``Information resources management'' has the
meaning given that term in section 3502(7) of title 44,
United States Code.
[[Page 37662]]
(e) ``Information system'' has the meaning given
that term in section 3502(8) of title 44, United States
Code.
(f) ``Affinity group'' means any interagency group
focussed on a business or technology area with common
information technology or customer requirements. The
functions of an affinity group can include identifying
common program goals and requirements; identifying
opportunities for sharing information to improve
quality and effectiveness; reducing costs and burden on
the public; and recommending protocols and other
standards, including security standards, to the
National Institute of Standards and Technology for
Governmentwide applicability, for action in accordance
with the Computer Security Act of 1987, as amended by
the Information Technology Act.
(g) ``National security system'' means any
telecommunications or information system operated by
the United States Government, the function, operation,
or use of which (1) involves intelligence activities;
(2) involves cryptologic activities related to national
security; (3) involves command and control of military
forces; (4) involves equipment that is an integral part
of a weapon or weapons system; or (5) is critical to
the direct fulfillment of military or intelligence
missions, but excluding any system that is to be used
for routine administrative and business applications
(including payroll, finance, logistics, and personnel
management applications).
Sec. 11. Applicability to National Security Systems.
The heads of executive agencies shall apply the
policies and procedures established in this order to
national security systems in a manner consistent with
the applicability and related limitations regarding
such systems set out in the Information Technology Act.
Sec. 12. Judicial Review. Nothing in this Executive
order shall affect any otherwise available judicial
review of agency action. This Executive order is
intended only to improve the internal management of the
executive branch and does not create any right or
benefit, substantive or procedural, enforceable at law
or equity by a party against the United States, its
agencies or instrumentalities, its officers or
employees, or any other person.
(Presidential Sig.)
THE WHITE HOUSE,
July 16, 1996.
[FR Doc. 96-18555
Filed 7-18-96; 8:45 am]
Billing code 3195-01-P