40 U.S.C. § 11315 — Agency Chief Information Officer

Page 231 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 11315 mation security needs)’’ for ‘‘information technology investments’’. § 11313. Performance and results-based manage- ment In fulfilling the responsibilities under section 3506(h) of title 44, the head of an executive agen- cy shall— (1) establish goals for improving the effi- ciency and effectiveness of agency operations and, as appropriate, the delivery of services to the public through the effective use of infor- mation technology; (2) prepare an annual report, to be included in the executive agency’s budget submission to Congress, on the progress in achieving the goals; (3) ensure that performance measurements— (A) are prescribed for information tech- nology used by, or to be acquired for, the ex- ecutive agency; and (B) measure how well the information technology supports programs of the execu- tive agency; (4) where comparable processes and organi- zations in the public or private sectors exist, quantitatively benchmark agency process per- formance against those processes in terms of cost, speed, productivity, and quality of out- puts and outcomes; (5) analyze the missions of the executive agency and, based on the analysis, revise the executive agency’s mission-related processes and administrative processes as appropriate before making significant investments in in- formation technology to be used in support of the performance of those missions; and (6) ensure that the information security policies, procedures, and practices of the exec- utive agency are adequate. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1240.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 11313 .......... 40:1423. Pub. L. 104–106, div. E, title LI, § 5123, Feb. 10, 1996, 110 Stat. 683. § 11314. Authority to acquire and manage infor- mation technology (a) IN GENERAL.—The authority of the head of an executive agency to acquire information technology includes— (1) acquiring information technology as au- thorized by law; (2) making a contract that provides for multiagency acquisitions of information tech- nology in accordance with guidance issued by the Director of the Office of Management and Budget; and (3) if the Director finds that it would be ad- vantageous for the Federal Government to do so, making a multiagency contract for pro- curement of commercial products of informa- tion technology that requires each executive agency covered by the contract, when pro- curing those products, to procure the products under that contract or to justify an alter- native procurement of the products. (b) FTS 2000 PROGRAM.—The Administrator of General Services shall continue to manage the FTS 2000 program, and to coordinate the follow- on to that program, for and with the advice of the heads of executive agencies. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1241; Pub. L. 115–232, div. A, title VIII, § 836(g)(7)(B), Aug. 13, 2018, 132 Stat. 1874.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 11314 .......... 40:1424. Pub. L. 104–106, div. E, title LI, § 5124, Feb. 10, 1996, 110 Stat. 684. In subsection (b), the words ‘‘Notwithstanding any other provision of this or any other law’’ are omitted as unnecessary. Editorial Notes AMENDMENTS 2018—Subsec. (a)(3). Pub. L. 115–232 substituted ‘‘prod- ucts’’ for ‘‘items’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amend- ment; Savings Provision note under section 453b of Title 6, Domestic Security. § 11315. Agency Chief Information Officer (a) DEFINITION.—In this section, the term ‘‘in- formation technology architecture’’, with re- spect to an executive agency, means an inte- grated framework for evolving or maintaining existing information technology and acquiring new information technology to achieve the agency’s strategic goals and information re- sources management goals. (b) GENERAL RESPONSIBILITIES.—The Chief In- formation Officer of an executive agency is re- sponsible for— (1) providing advice and other assistance to the head of the executive agency and other senior management personnel of the executive agency to ensure that information technology is acquired and information resources are managed for the executive agency in a manner that implements the policies and procedures of this subtitle, consistent with chapter 35 of title 44 and the priorities established by the head of the executive agency; (2) developing, maintaining, and facilitating the implementation of a sound, secure, and in- tegrated information technology architecture for the executive agency; and (3) promoting the effective and efficient de- sign and operation of all major information re- sources management processes for the execu- tive agency, including improvements to work processes of the executive agency. (c) DUTIES AND QUALIFICATIONS.—The Chief In- formation Officer of an agency listed in section 901(b) of title 31— (1) has information resources management duties as that official’s primary duty; (2) monitors the performance of information technology programs of the agency, evaluates Page 232 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 11315 the performance of those programs on the basis of the applicable performance measure- ments, and advises the head of the agency re- garding whether to continue, modify, or ter- minate a program or project; and (3) annually, as part of the strategic plan- ning and performance evaluation process re- quired (subject to section 1117 of title 31) under section 306 of title 5 and sections 1105(a)(28), 1115–1117, and 9703 (as added by sec- tion 5(a) of the Government Performance and Results Act of 1993 (Public Law 103–62, 107 Stat. 289)) of title 31— (A) assesses the requirements established for agency personnel regarding knowledge and skill in information resources manage- ment and the adequacy of those require- ments for facilitating the achievement of the performance goals established for infor- mation resources management; (B) assesses the extent to which the posi- tions and personnel at the executive level of the agency and the positions and personnel at management level of the agency below the executive level meet those requirements; (C) develops strategies and specific plans for hiring, training, and professional devel- opment to rectify any deficiency in meeting those requirements; and (D) reports to the head of the agency on the progress made in improving information resources management capability. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1241; Pub. L. 108–458, title VIII, § 8401(4), Dec. 17, 2004, 118 Stat. 3869.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 11315 .......... 40:1425(b)–(d). Pub. L. 104–106, div. E, title LI, § 5125(b)–(d), Feb. 10, 1996, 110 Stat. 685. In subsection (c)(3), before subclause (A), the ref- erence to 31:1105(a)(29) is changed to 1105(a)(28) because of the redesignation of 1105(a)(29) as 1105(a)(28) by sec- tion 4(1) of the Act of October 11, 1996, (Public Law 104–287, 110 Stat. 3388). The words ‘‘as added by section 5(a) of the Government Performance and Results Act of 1993 (Public Law 103–62, 107 Stat. 289)’’ are added for clarity because there is another 31:9703. Editorial Notes AMENDMENTS 2004—Subsec. (b)(2). Pub. L. 108–458 inserted ‘‘, secure,’’ after ‘‘sound’’. Executive Documents EX ORD. NO. 13833. ENHANCING THE EFFECTIVENESS OF AGENCY CHIEF INFORMATION OFFICERS Ex. Ord. No. 13833, May 15, 2018, 83 F.R. 23345, pro- vided: 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 tech- nology (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 im- proved services to the American people. While the re- cently enacted Modernizing Government Technology Act [probably means subtitle G of title X of div. A of Pub. L. 115–91, set out as a note under section 11301 of this title] 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 mod- ernize their IT systems, execute IT programs more effi- ciently, 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 dig- ital services; and (c) improve the management, acquisition, and over- sight of Federal IT. SEC. 3. Definitions. For purposes of this order: (a) the term ‘‘covered agency’’ means an agency list- ed in 31 U.S.C. 901(b), other than the Department of De- fense 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 mean- ing 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 de- scribed 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 Of- ficer, 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 Tech- nology Management Series, GS–2210, as defined by the Office of Personnel Management (OPM) in the Hand- book 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 en- sure 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 accom- plish the agency’s mission, the CIO serves as the pri- mary 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, pro- gramming, budgeting, and execution decisions, as well as in all management, governance, and oversight proc- esses related to IT; and (d) consistent with 40 U.S.C. 11319(b)(2) and other ap- plicable 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) [82 F.R. 13959], 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 pro- mote agency-wide consolidation of the agency’s IT in- Page 233 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 11318 frastructure, taking into account any recommenda- tions 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) [6 U.S.C. note prec. 1500], the head of each covered agency shall take all nec- essary 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 ex- pertise in IT, security, budgeting, acquisition, law, pri- vacy, 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 nec- essary and appropriate action to ensure that: (a) consistent with 40 U.S.C. 11315(c)(3), the CIO as- sesses and advises the agency head regarding knowl- edge and skill standards established for agency IT per- sonnel; (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 ap- plicable law, the head of each covered agency shall en- sure 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 stand- ards. The head of each covered agency shall also, as ap- propriate 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 con- sistent 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 au- thority 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 pur- suant to 5 U.S.C. 3304(a)(3) [now 3304(b)(3)], under cri- teria established by OPM. (a) Such proposed rule shall provide that, upon an af- firmative determination by the head of a covered agen- cy 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 em- ployees hired using this authority may not be trans- ferred 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 em- ployees 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 [May 15, 2018]. SEC. 10. Guidance. The Director of the Office of Man- agement and Budget shall amend or replace relevant guidance, as appropriate, to agencies to reflect the re- quirements 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 de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able 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. DONALD J. TRUMP. § 11316. Accountability The head of each executive agency, in con- sultation with the Chief Information Officer and the Chief Financial Officer of that executive agency (or, in the case of an executive agency without a chief financial officer, any com- parable official), shall establish policies and pro- cedures to ensure that— (1) the accounting, financial, asset manage- ment, and other information systems of the executive agency are designed, developed, maintained, and used effectively to provide fi- nancial or program performance data for fi- nancial statements of the executive agency; (2) financial and related program perform- ance data are provided on a reliable, con- sistent, and timely basis to executive agency financial management systems; and (3) financial statements support— (A) assessments and revisions of mission- related processes and administrative proc- esses of the executive agency; and (B) measurement of the performance of in- vestments made by the agency in informa- tion systems. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1242.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 11316 .......... 40:1426. Pub. L. 104–106, div. E, title LI, § 5126, Feb. 10, 1996, 110 Stat. 686. § 11317. Significant deviations The head of each executive agency shall iden- tify in the strategic information resources man- agement plan required under section 3506(b)(2) of title 44 any major information technology ac- quisition program, or any phase or increment of that program, that has significantly deviated from the cost, performance, or schedule goals es- tablished for the program. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1242.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 11317 .......... 40:1427. Pub. L. 104–106, div. E, title LI, § 5127, Feb. 10, 1996, 110 Stat. 687. § 11318. Interagency support The head of an executive agency may use amounts available to the agency for oversight,