Enhancing the Effectiveness of Agency Chief Information Officers

[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]

[Presidential Documents]

[Pages 23345-23348]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2018-10855]

[[Page 23343]]

Vol. 83

Friday,

No. 97

May 18, 2018

Part II

The President

-----------------------------------------------------------------------

Executive Order 13833--Enhancing the Effectiveness of Agency Chief

Information Officers

Presidential Documents

Federal Register / Vol. 83 , No. 97 / Friday, May 18, 2018 /

Presidential Documents

___________________________________________________________________

Title 3--

The President

[[Page 23345]]

Executive Order 13833 of May 15, 2018

Enhancing the Effectiveness of Agency Chief

Information Officers

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. Purpose. The Federal Government spends more

than $90 billion annually on information technology

(IT). The vast majority of this sum is consumed in

maintaining legacy IT infrastructure that is often

ineffective and more costly than modern technologies.

Modern IT systems would enable agencies to reduce

costs, mitigate cybersecurity risks, and deliver

improved services to the American people. While the

recently enacted Modernizing Government Technology Act

will provide needed financial resources to help

transition agencies to more effective, efficient, and

secure technologies, more can be done to improve

management of IT resources

, and deliver

improved services to the American people. While the

recently enacted Modernizing Government Technology Act

will provide needed financial resources to help

transition agencies to more effective, efficient, and

secure technologies, more can be done to improve

management of IT resources. Department and agency

(agency) Chief Information Officers (CIOs) generally do

not have adequate visibility into, or control over,

their agencies' IT resources, resulting in duplication,

waste, and poor service delivery. Enhancing the

effectiveness of agency CIOs will better position

agencies to modernize their IT systems, execute IT

programs more efficiently, reduce cybersecurity risks,

and serve the American people well.

Sec. 2. Policy. It is the policy of the executive

branch to:

(a) empower agency CIOs to ensure that agency IT

systems are secure, efficient, accessible, and

effective, and that such systems enable agencies to

accomplish their missions;

(b) modernize IT infrastructure within the

executive branch and meaningfully improve the delivery

of digital services; and

(c) improve the management, acquisition, and

oversight of Federal IT.

Sec. 3. Definitions. For purposes of this order:

(a) the term ``covered agency'' means an agency

listed in 31 U.S.C. 901(b), other than the Department

of Defense or any agency considered to be an

``independent regulatory agency'' as defined in 44

U.S.C. 3502(5);

oversight of Federal IT.

Sec. 3. Definitions. For purposes of this order:

(a) the term ``covered agency'' means an agency

listed in 31 U.S.C. 901(b), other than the Department

of Defense or any agency considered to be an

``independent regulatory agency'' as defined in 44

U.S.C. 3502(5);

(b) the term ``information technology'' has the

meaning given that term in 40 U.S.C. 11101(6);

(c) the term ``Chief Information Officer'' or

``CIO'' means the individual within a covered agency as

described in 40 U.S.C. 11315;

(d) the term ``component Chief Information

Officer'' or ``component CIO'' means an individual in a

covered agency, other than the CIO referred to in

subsection (c) of this section, who has the title Chief

Information Officer, or who functions in the capacity

of a CIO, and has IT management authorities over a

component of the agency similar to those the CIO has

over the entire agency;

(e) the term ``IT position'' means a position

within the job family standard for the Information

Technology Management Series, GS-2210, as defined by

the Office of Personnel Management (OPM) in the

Handbook of Occupational Groups and Families and

related guidance.

Sec. 4. Emphasizing Chief Information Officer Duties

and Responsibilities. The head of each covered agency

shall take all necessary and appropriate action to

ensure that:

[[Page 23346]]

Office of Personnel Management (OPM) in the

Handbook of Occupational Groups and Families and

related guidance.

Sec. 4. Emphasizing Chief Information Officer Duties

and Responsibilities. The head of each covered agency

shall take all necessary and appropriate action to

ensure that:

[[Page 23346]]

(a) consistent with 44 U.S.C. 3506(a)(2), the CIO

of the covered agency reports directly to the agency

head, such that the CIO has direct access to the agency

head regarding all programs that include IT;

(b) consistent with 40 U.S.C. 11315(b), and to

promote the effective, efficient, and secure use of IT

to accomplish the agency's mission, the CIO serves as

the primary strategic advisor to the agency head

concerning the use of IT;

(c) consistent with 40 U.S.C. 11319(b)(1)(A), the

CIO has a significant role, including, as appropriate,

as lead advisor, in all annual and multi-year planning,

programming, budgeting, and execution decisions, as

well as in all management, governance, and oversight

processes related to IT; and

(d) consistent with 40 U.S.C. 11319(b)(2) and other

applicable law, the CIO of the covered agency approves

the appointment of any component CIO in that agency.

Sec. 5. Agency-wide IT Consolidation. Consistent with

the purposes of Executive Order 13781 of March 13, 2017

(Comprehensive Plan for Reorganizing the Executive

Branch), the head of each covered agency shall take all

necessary and appropriate action to:

(a) eliminate unnecessary IT management functions;

Sec. 5. Agency-wide IT Consolidation. Consistent with

the purposes of Executive Order 13781 of March 13, 2017

(Comprehensive Plan for Reorganizing the Executive

Branch), the head of each covered agency shall take all

necessary and appropriate action to:

(a) eliminate unnecessary IT management functions;

(b) merge or reorganize agency IT functions to

promote agency-wide consolidation of the agency's IT

infrastructure, taking into account any recommendations

of the relevant agency CIO; and

(c) increase use of industry best practices, such

as the shared use of IT solutions within agencies and

across the executive branch.

Sec. 6. Strengthening Cybersecurity. Consistent with

the purposes of Executive Order 13800 of May 11, 2017

(Strengthening the Cybersecurity of Federal Networks

and Critical Infrastructure), the head of each covered

agency shall take all necessary and appropriate action

to ensure that:

(a) the CIO, as the principal advisor to the agency

head for the management of IT resources, works closely

with an integrated team of senior executives with

expertise in IT, security, budgeting, acquisition, law,

privacy, and human resources to implement appropriate

risk management measures; and

(a) the CIO, as the principal advisor to the agency

head for the management of IT resources, works closely

with an integrated team of senior executives with

expertise in IT, security, budgeting, acquisition, law,

privacy, and human resources to implement appropriate

risk management measures; and

(b) the agency prioritizes procurement of shared IT

services, including modern email and other cloud-based

services, where possible and to the extent permitted by

law.

Sec. 7. Knowledge and Skill Standards for IT Personnel.

The head of each covered agency shall take all

necessary and appropriate action to ensure that:

(a) consistent with 40 U.S.C. 11315(c)(3), the CIO

assesses and advises the agency head regarding

knowledge and skill standards established for agency IT

personnel;

(b) the established knowledge and skill standards

are included in the performance standards and reflected

in the performance evaluations of all component CIOs,

and that the CIO is responsible for that portion of the

evaluation; and

(c) all component CIOs apply those standards within

their own components.

tablished knowledge and skill standards

are included in the performance standards and reflected

in the performance evaluations of all component CIOs,

and that the CIO is responsible for that portion of the

evaluation; and

(c) all component CIOs apply those standards within

their own components.

Sec. 8. Chief Information Officer Role on IT Governance

Boards. Wherever appropriate and consistent with

applicable law, the head of each covered agency shall

ensure that the CIO shall be a member of any investment

or related board of the agency with purview over IT, or

any board responsible for setting agency-wide IT

standards. The head of each covered agency shall also,

as appropriate and consistent with applicable law,

direct the CIO to chair any such board. To the extent

any such board operates through member votes, the head

of each covered agency shall also, as appropriate and

consistent with applicable law, direct the CIO to

fulfill the role of voting member.

[[Page 23347]]

Sec. 9. Chief Information Officer Hiring Authorities.

The Director of OPM (Director) shall publish a proposed

rule delegating to the head of each covered agency

authority to determine whether there is a severe

shortage of candidates (or, with respect to the

Department of Veterans Affairs, that there exists a

severe shortage of highly qualified candidates), or

that a critical hiring need exists, for IT positions at

the covered agency pursuant to 5 U.S.C. 3304(a)(3),

under criteria established by OPM.

ere

shortage of candidates (or, with respect to the

Department of Veterans Affairs, that there exists a

severe shortage of highly qualified candidates), or

that a critical hiring need exists, for IT positions at

the covered agency pursuant to 5 U.S.C. 3304(a)(3),

under criteria established by OPM.

(a) Such proposed rule shall provide that, upon an

affirmative determination by the head of a covered

agency that there is a severe shortage of candidates

(or, with respect to the Department of Veterans

Affairs, that there exists a severe shortage of highly

qualified candidates), or that a critical hiring need

exists for IT positions, under the criteria established

by OPM, the Director shall, within 30 days, grant that

agency direct hiring authority for IT positions.

(b) Such proposed rule shall further provide that

employees hired using this authority may not be

transferred to positions that are not IT positions;

that the employees shall initially be given term

appointments not to exceed 4 years; and that the terms

of such employees may be extended up to 4 additional

years at the discretion of the hiring agency.

(c) The Director shall submit the proposed rule for

publication within 30 days of the date of this order.

Sec. 10. Guidance. The Director of the Office of

Management and Budget shall amend or replace relevant

guidance, as appropriate, to agencies to reflect the

requirements of this order.

Sec. 11. General Provisions. (a) Nothing in this order

shall be construed to impair or otherwise affect:

is order.

Sec. 10. Guidance. The Director of the Office of

Management and Budget shall amend or replace relevant

guidance, as appropriate, to agencies to reflect the

requirements of this order.

Sec. 11. 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 the Office of Management and Budget

relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with

applicable law and subject to the availability of

appropriations.

[[Page 23348]]

(c) 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.

(Presidential Sig.)

THE WHITE HOUSE,

May 15, 2018.

[FR Doc. 2018-10855

Filed 5-17-18; 11:15 am]

Billing code 3295-F8-P