[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]


      
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  Federal Register / Vol. 61, No. 140 / Friday, July 19, 1996 / 
Presidential Documents  

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 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.

[[Page 37658]]

                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

[[Page 37659]]

                    (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