Brief

'The FITARA Enhancement Act of 2017 amends title 40, United States Code, to eliminate the sunset of certain provisions relating to information technology. It also extends the sunset related to the Federal Data Center Consolidation Initiative and makes other provisions for various purposes.'

131 STAT. 1278 PUBLIC LAW 115–88—NOV. 21, 2017
LEGISLATIVE HISTORY—H.R. 3243:
HOUSE REPORTS: No. 115–344 (Comm. on Oversight and Government Reform).
CONGRESSIONAL RECORD, Vol. 163 (2017):
Oct. 11, considered and passed House. Nov. 8, considered and passed Senate. Public Law 115–88
115th Congress
An Act
To amend title 40, United States Code, to eliminate the sunset of certain provisions
relating to information technology, to amend the National Defense Authorization Act for Fiscal Year 2015 to extend the sunset relating to the Federal Data Center Consolidation Initiative, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘FITARA Enhancement Act of
2017’’.
SEC. 2. ELIMINATION OF SUNSET RELATING TO TRANSPARENCY AND
RISK MANAGEMENT OF MAJOR INFORMATION TECHNOLOGY INVESTMENTS.
Subsection (c) of section 11302 of title 40, United States Code,
is amended by striking the first paragraph (5).
SEC. 3. ELIMINATION OF SUNSET RELATING TO INFORMATION TECH-
NOLOGY PORTFOLIO, PROGRAM, AND RESOURCE REVIEWS.
Section 11319 of title 40, United States Code, is amended—
(1) by redesignating the second subsection (c) as subsection
(d); and
(2) in subsection (d), as so redesignated, by striking para-
graph (6).
SEC. 4. EXTENSION OF SUNSET RELATING TO FEDERAL DATA CENTER
CONSOLIDATION INITIATIVE.
Subsection (e) of section 834 of the National Defense Authoriza-
tion Act for Fiscal Year 2015 (Public Law 113–291; 44 U.S.C. 3601 note) is amended by striking ‘‘2018’’ and inserting ‘‘2020’’.
Approved November 21, 2017. FITARA
Enhancement Act of 2017. 40 USC 101 note. Nov. 21, 2017
[H.R. 3243]
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Highlights content goes here...

Purpose:

The FITARA Enhancement Act of 2017 aims to enhance the Federal Information Technology Acquisition Reform Act (FITARA) by eliminating the sunset provisions related to transparency and risk management of major information technology investments, extending the sunset for the Federal Data Center Consolidation Initiative, and making other adjustments. The primary goal is to provide a more stable and consistent regulatory framework for federal agencies in their acquisition and management of IT services.

The Act seeks to address several concerns raised by FITARA, including the need for improved transparency, accountability, and risk management in the acquisition process. By eliminating the sunset provisions, the legislation aims to ensure that federal agencies can continue to implement effective measures to manage risks and ensure the security and integrity of their IT investments.

Key Provisions:

  1. Elimination of Sunset Provision Relating to Transparency and Risk Management: Subsection (c) of section 11302 of title 40, United States Code, is amended by striking the first paragraph (5). This change eliminates the sunset provision that was set to expire in 2018, allowing federal agencies to continue implementing effective measures for transparency and risk management.
  2. Elimination of Sunset Provision Relating to Information Technology Portfolio, Program, and Resource Reviews: Section 11319 of title 40, United States Code, is amended by redesignating the second subsection (c) as subsection (d). In subsection (d), paragraph (6) is struck, which eliminates a provision that was set to expire in 2018.
  3. Extension of Sunset Provision Relating to Federal Data Center Consolidation Initiative: Subsection (e) of section 834 of the National Defense Authorization Act for Fiscal Year 2015 (44 U.S.C. 3601 note) is amended by striking ‘‘2018’’ and inserting ‘‘2020’’.

Industry Impact:

The FITARA Enhancement Act of 2017 has significant implications for federal agencies, their contractors, and the broader IT industry. The elimination of sunset provisions related to transparency and risk management is expected to lead to increased confidence among federal agencies in their ability to manage IT risks effectively.

The extension of the sunset provision for the Federal Data Center Consolidation Initiative will allow federal agencies to continue consolidating data centers and reducing duplication of efforts. This is expected to result in cost savings, improved efficiency, and enhanced security for federal information systems.

Furthermore, the Act’s provisions are likely to influence the development of best practices and standards for IT portfolio management, risk management, and resource reviews. Private sector companies may take note of these changes and adapt their own practices to better align with federal agency requirements.

Updates/Amendments:

The FITARA Enhancement Act of 2017 is the result of a legislative process that involved numerous stakeholders, including federal agencies, contractors, and industry experts. The legislation reflects a careful balance between ensuring accountability and transparency in IT acquisition decisions and providing flexibility for agencies to adapt to changing circumstances.

The Act’s amendments are intended to enhance the effectiveness of existing regulations and provide more clarity on key issues affecting federal agencies. By eliminating sunset provisions and extending sunset dates, the legislation aims to create a more stable and predictable regulatory environment that will support the long-term success of federal IT investments.

Overall, the FITARA Enhancement Act of 2017 represents an important step forward in improving the governance and oversight of federal IT acquisitions. The changes introduced by this legislation are likely to have far-reaching implications for the broader IT industry and beyond.

Congress.gov

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