83 FR 23345 - Enhancing the Effectiveness of Agency Chief Information Officers

Executive Office of the President

Federal Register Volume 83, Issue 97 (May 18, 2018)

[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Presidential Documents]
[Pages 23345-23348]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10855]



[[Page 23343]]

Vol. 83

Friday,

No. 97

May 18, 2018

Part II





The President





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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

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                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. 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);
                    (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]]

                    (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;
                    (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
                    (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.

                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.

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                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.

                    (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:

(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.

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                    (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