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The U.S. Office of Personnel Management (OPM) is issuing a proposed regulation to revise its direct-hire authority (DHA) regulations for the implementation of Executive Order (EO) 13833 titled, Enhancing the Effectiveness of Agency Chief Information Officers, which requires OPM to issue proposed regulations necessary to grant DHA for information technology (IT) positions under certain conditions. This will enhance the Government’s ability to recruit needed IT professionals and it allows Agencies to make the initial determination whether they have a severe-shortage of candidates or critical hiring need.

Statement of Need:

The U.S. Office of Personnel is revising the Direct-Hire Authority (DHA) regulation in Part 337 to implement the provisions of Executive Order 13833.  The proposed regulation will allow certain agencies to determine whether 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 a critical hiring need exists for IT positions for purposes of establishing DHA.

Summary of the Legal Basis:

On May 15, 2018, the President signed EO 13833, titled, Enhancing the Effectiveness of Agency Chief Information Officers (83 FR 23345). The EO is aimed at modernizing the Federal Government’s information technology infrastructure and improving the delivery of digital services and the management, acquisition, and oversight of Federal IT.  Section 9 of the EO directs OPM to propose regulations pursuant to which OPM may delegate to the heads of certain agencies (other than the Secretary of Defense) authority to determine, under regulations prescribed by OPM, whether a severe shortage of candidates (or, for the U.S. Department of Veterans Affairs (VA) a severe shortage of highly qualified candidates) or a critical hiring need exists for positions in the Information Technology Management (IT) Series, general schedule (GS)-2210 or equivalent, for purposes of an entitlement to a direct hire authority (DHA).  The agencies covered by the EO are those listed in 31 U.S.C. 901(b), or independent regulatory agencies defined in 44 U.S.C. 3502(5).

Alternatives:

N/A.

Anticipated Costs and Benefits:

None.

Risks:

None.