Enhancing the Effectiveness of Agency Chief Information Officers

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:

    (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.

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.

    (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.