The Federal Information Technology Acquisition Reform Act (FITARA): Frequently Asked Questions

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The Federal Information Technology

Acquisition Reform Act (FITARA): Frequently

Asked Questions

(name redacted)

Specialist in Internet and Telecommunications Policy

June 1, 2016

Congressional Research Service

7-....

www.crs.gov

R44462

FITARA: FAQ

Summary

Federal agencies rely on information technology (IT) to conduct their work, requiring extensive

investments in both updating existing IT and developing new IT. The Government Accountability

Office (GAO) has reported that the federal government budgets more than $80 billion each year

for IT investment. In FY2017, that investment will be more than $89 billion. Unfortunately, these

investments often incur “multi-million dollar cost overruns and years-long schedule delays,” may

contribute little to mission-related outcomes, and in some cases fail altogether. The Federal

Information Technology Acquisition Reform Act (FITARA) (P.L. 113-291) was enacted on

December 19, 2014, to address this problem. FITARA outlines seven areas of reform to how

federal agencies purchase and manage their information technology (IT) assets, including—

enhancing the authority of agency chief information officers (CIOs);

improving transparency and risk management of IT investments;

setting forth a process for agency IT portfolio review;

refocusing the Federal Data Center Consolidation Initiative (FDCCI) from only

consolidation to optimization;

expanding the training and use of “IT Cadres,” as initially outlined in the “25

Point Implementation Plan to Reform Federal Information Management

Technology” issued by the CIO of the United States;

maximizing the benefits of the Federal Strategic Sourcing Initiative (FSSI); and

creating a govemment-wide software purchasing program, in conjunction with

the General Services Administration.

Not all federal agencies are covered by FITARA. Generally, agencies identified in the Chief

Financial Officers Act of 1990, as well as their subordinate divisions and offices, are subject to

the requirements of FITARA. The Department of Defense, the Intelligence Community, and

portions of other agencies that operate systems related to national security are subject to only

certain portions of FITARA.

The Office of Management and Budget (OMB) published guidance to implement the

requirements of FITARA in June 2015 (OMB Memorandum M-15-14). In addition to

implementing FITARA, this guidance also harmonizes the requirements of FITARA with existing

laws, primarily the Clinger-Cohen Act of 1996 (P.L. 104-106) and the E-Government Act of 2002

(P.L. 107-347). The OMB also monitors agency implementation of FITARA. Congress also

monitors the progress of FITARA implementation through audits conducted by GAO and

hearings by relevant House and Senate committees. Since FITARA was signed into law, the

Senate and House have each held two hearings on overall agency FITARA implementation.

OMB imposed an April 30, 2016, deadline for agencies to submit updated FITARA common

baseline self-assessments and GAO has reported that as of May 2016, 22 of the 24 CFO Act

agencies had made their plans publicly available.

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FITARA: FAQ

Contents

What is the Federal Information Technology Acquisition Reform Act? ......................................... 1

How is FITARA being implemented? ............................................................................................. 1

Are other laws affected by FITARA? .............................................................................................. 2

Why was FITARA enacted? ............................................................................................................ 2

What agencies are covered by FITARA? ........................................................................................ 3

How is FITARA implementation monitored? ................................................................................. 3

What is the status of FITARA implementation? .............................................................................. 5

What are the next steps in the FITARA implementation process? .................................................. 6

Figures

Figure 1. House Oversight and Government Reform FITARA Implementation Scorecard ........... 6

Tables

Table 1. Agencies Subject to the Requirements of FITARA ........................................................... 4

Contacts

Author Contact Information ............................................................................................................ 7

Congressional Research Service

FITARA: FAQ

What is the Federal Information Technology

Acquisition Reform Act?

The Federal Information Technology Acquisition Reform Act (FITARA) was enacted on

December 19, 2014.1 The law outlines seven areas of reform that affect how federal agencies

purchase and manage their information technology (IT) assets, including—

enhancing the authority of agency chief information officers (CIOs);

improving transparency and risk management of IT investments;

setting forth a process for agency IT portfolio review;

refocusing the Federal Data Center Consolidation Initiative (FDCCI) from only

consolidation to optimization;

expanding the training and use of “IT Cadres,” as initially outlined in the “25

Point Implementation Plan to Reform Federal Information Management

Technology”;2

maximizing the benefits of the Federal Strategic Sourcing Initiative (FSSI);3 and

creating a govemment-wide software purchasing program, in conjunction with

the General Services Administration.

How is FITARA being implemented?

On June 10, 2015, OMB published guidance4 to implement the requirements of FITARA and

harmonize existing policy and guidance with the new law. Among other goals, the requirements

are intended to—

assist agencies in establishing management practices that align IT resources with

agency missions, goals, programmatic priorities, and statutory requirements;

establish government-wide IT management controls that will meet FITARA

requirements while providing agencies with the flexibility to adapt to agency

processes and unique mission requirements;

establish universal roles, responsibilities, and authorities of the agency CIO and

other senior agency officials;5

1

Title VIII, Subtitle D of the National Defense Authorization Act (NDAA) for Fiscal Year 2015, P.L. 113-291.

The “25-Point Implementation Plan to Reform Federal IT Management” was one of the original policy documents

developed as part of a comprehensive effort to increase the operational efficiency of federal technology assets. “A 25Point Implementation Plan to Reform Federal IT Management,” Office of the U.S. Chief Information Officer,

December 9, 2010, https://cio.gov/wp-content/uploads/2012/09/25-Point-Implementation-Plan-to-ReformFederalIT.pdf.

3

Strategic sourcing is “a method of managing procurement processes for an organization in which the procedures,

methods, and sources are constantly re-evaluated to optimize value to the organization. Strategic sourcing, which is

considered a key aspect of supply chain management, involves elements such as examination of purchasing budgets,

the landscape of the supply market, negotiation with suppliers, and periodic assessments of supply transactions.”

BusinessDictionary.com, http://www.businessdictionary.com/definition/strategic-sourcing.html.

4

“Management and Oversight of Federal Information Technology,” OMB-M-15-14, Office of Management and

Budget, June 15, 2015, https://www.whitehouse.gov/sites/default/files/omb/memoranda/2015/m-15-14.pdf (hereinafter

“Management and Oversight of Federal Information Technology” [OMB-M-15-14], OMB).

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FITARA: FAQ

strengthen the agency CIO’s accountability for the agency’s IT costs, schedules,

performance, and security;

strengthen the relationship between agency and bureau CIOs;

establish consistent government-wide interpretation of FITARA terms and

requirements; and

provide appropriate visibility and involvement of the agency CIO in the

management and oversight of IT resources to support the implementation of

effective cybersecurity policies.6

Are other laws affected by FITARA?

In addition to implementing FITARA, OMB Memorandum M-15-14, “Management and

Oversight of Federal Information Technology,”7 also harmonizes the requirements of FITARA

with existing law, primarily the Clinger-Cohen Act of 1996 and the E-Government Act of 2002.8

Those laws require OMB to issue management guidance for information technology and

electronic government activities across the government, respectively. FITARA also contains

provisions that required OMB interpretation before implementation.

Why was FITARA enacted?

The Government Accountability Office (GAO) has reported that the federal government budgets

more than $80 billion each year for IT investment. In FY2017, that investment will be more than

$89 billion.9 Unfortunately, these investments often incur “multi-million dollar cost overruns and

years-long schedule delays,” may contribute little to mission-related outcomes, and in some cases

fail altogether.10 For example—

the Department of Defense (DOD) canceled its Expeditionary Combat Support

System in December 2012 after it had spent more than a billion dollars, but had

not deployed the system within five years of initially obligating funds;

(...continued)

5

Senior Agency Officials, as referred to in OMB M-15-14, include positions, for example, chief financial officer, chief

administrative officer, chief operating officer, and program manager.

6

“Management and Oversight of Federal Information Technology” (OMB-M-15-14), OMB.

7

“Implementation of Reform Legislation Needed to Improve Acquisitions and Operations,” GAO-16-204T,

Government Accountability Office, November 4, 2015 (hereinafter “Implementation of Reform Legislation Needed,”

GAO).

8

P.L. 104-106 (40 U.S.C. 1401 et seq.) and P.L. 107-347 (43 U.S.C. 1601 et seq.), respectively. For information on

federal acquisition generally, see CRS Report R42826, The Federal Acquisition Regulation (FAR): Answers to

Frequently Asked Questions, by (name redacted), (name redacted), and (name redacted)

.

9

“OMB and Agencies Need to Focus Continued Attention on Implementing Reform Law,” Statement of David A.

Powner, Director, Information Technology Management Issues, Testimony Before the Subcommittees on Government

Operations and Information Technology, Committee on Oversight and Government Reform, House of Representatives,

May 18, 2016, https://oversight.house.gov/wp-content/uploads/2016/05/2016-05-18-Powner-Testimony-GAO-1.pdf

(hereinafter “Powner Testimony,” GAO).

10

“Additional Actions and Oversight Urgently Needed to Reduce Waste and Improve Performance in Acquisitions and

Operations,” GAO-15-675T, Government Accountability Office, June 10, 2015 )hereinafter “Additional Actions and

Oversight Urgently Needed,” GAO).

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FITARA: FAQ

the Department of Homeland Security’s Secure Border Initiative Network

program was canceled in January 2011 after it had spent more than $1 billion

because the program did not meet cost-effectiveness and viability standards;

the Department of Veterans Affairs’ (VA’s) Financial and Logistics Integrated

Technology Enterprise program, which was intended to be delivered by 2014 at a

total estimated cost of $609 million, was terminated in October 2011 due to

challenges in managing the program;

the Farm Service Agency’s Modernize and Innovate the Delivery of Agricultural

Systems program, which was to replace aging hardware and software

applications that process benefits to farmers, was canceled after 10 years at a cost

of at least $423 million, while delivering only about 20% of the functionality that

was originally planned; and

the Office of Personnel Management’s Retirement System Modernization

program was canceled in February 2011 after the agency had spent

approximately $231 million on its third attempt to automate the processing of

federal employee retirement claims.

These undesirable results, according to GAO, “can be traced to a lack of disciplined and effective

management and inadequate executive-level oversight.”11 FITARA was enacted to reduce the

likelihood of such results.12

What agencies are covered by FITARA?

Generally, agencies identified in the Chief Financial Officers (CFO) Act of 1990,13 as well as

their subordinate divisions and offices, are subject to the requirements of FITARA (Table 1). The

DOD, the Intelligence Community, and portions of other agencies that operate systems related to

national security are subject to only certain portions of FITARA. Additionally, executive branch

agencies not named in the CFO Act are encouraged, but not required, to follow FITARA

guidelines.

How is FITARA implementation monitored?

The OMB develops and promulgates guidance based on the codified requirements of FITARA

and monitors agency implementation of that guidance. Additionally, Congress monitors the

progress of FITARA implementation through audits conducted by GAO and hearings by relevant

House and Senate committees.

11

“Additional Actions and Oversight Urgently Needed,” GAO.

See H.Rept. 113-359, https://www.congress.gov/113/crpt/hrpt359/CRPT-113hrpt359.pdf.

13

P.L. 101-576.

12

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FITARA: FAQ

Table 1. Agencies Subject to the Requirements of FITARA

Department of Agriculture

Department of Transportation

Department of Commerce

Department of the Treasury

Department of Defense

Department of Veterans Affairs

Department of Education

Environmental Protection Agency

Department of Energy

Agency for International Development (USAID)

Department of Health and Human Services

General Services Administration

Department of Homeland Security

National Aeronautics and Space Administration

Department of Housing and Urban Development

National Science Foundation

Department of the Interior

Nuclear Regulatory Commission

Department of Justice

Office of Personnel Management

Department of Labor

Small Business Administration

Department of State

Social Security Administration

Source: U.S. Chief Financial Officers Council, https://cfo.gov/frpc/.

Between FY2010 and FY2015, GAO has made approximately 800 recommendations to OMB

and agencies to improve acquisition and operations of IT. As of October 2015, GAO reported that

about a third of its recommendations had been implemented.14 That percentage remained the

same in May 2016.15 Since FITARA was signed into law in December 2014, the Senate has held

two hearings and the House has held four hearings on FITARA implementation:

Risky Business: Examining GAO’s 2015 List of High Risk Government

Programs16

Senate Committee on Homeland Security and Governmental Affairs (Full

Committee)

February 11, 2015

Reducing Unnecessary Duplication in Federal Programs: Billions More

Could Be Saved17

Senate Committee on Homeland Security and Governmental Affairs (Full

Committee)

April 14, 2015

The Role of FITARA in Reducing IT Acquisition Risk18

Joint Hearing: House Committee on Oversight and Government Reform

(Subcommittees on Information Technology and Government Operations)

June 10, 2015

14

“Implementation of Reform Legislation Needed,” GAO.

“Powner Testimony,” GAO.

16

Information about this hearing can be found at http://www.hsgac.senate.gov/hearings/risky-business-examininggaos-2015-list-of-high-risk-government-programs.

17

Information about this hearing can be found at http://www.hsgac.senate.gov/hearings/reducing-unnecessaryduplication-in-federal-programs-billions-more-could-be-saved.

18

Information about this hearing can be found at http://docs.house.gov/Committee/Calendar/ByEvent.aspx?EventID=

103599.

15

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FITARA: FAQ

The Role of FITARA in Reducing IT Acquisition Risk, Part II—Measuring

Agencies’ FITARA Implementation19

Joint Hearing: House Committee on Oversight and Government Reform

(Subcommittees on Information Technology and Government Operations)

November 4, 2015

The Federal Information Technology Reform Act Scorecard 2.020

Joint Hearing: House Committee on Oversight and Government Reform

(Subcommittees on Information Technology and Government Operations)

May 18, 2016

Federal Agencies’ Reliance on Outdated and Unsupported Information

Technology21

House Committee on Oversight and Government Reform

May 25, 2016

What is the status of FITARA implementation?

The House Committee on Oversight and Government Reform released a “FITARA scorecard” in

conjunction with its November 4, 2015, hearing on the status of FITARA implementation (see

Table 1). In explaining the scorecard, Representative Gerry Connolly, ranking Member of the

Subcommittee on Government Operations and co-author of FITARA, stated:

This scorecard is not intended to be a juridical, prescriptive exercise. It is an initial

assessment, a point in time snapshot, much like a quarterly report card one might get in a

university or school. The intent isn’t to punish or stigmatize. It is, in fact, to exhort and

urge agencies to seize this opportunity, and use the scorecard as a management tool to

better guide decision making and investments within the agency. While the grades

themselves are illustrative of overall performance, it is the multiple elements that make

up the grades on which agencies and our committee will focus to ensure we deliver on the

transformative promise of FITARA. 22

The committee scored agencies across four of the seven requirement areas of FITARA to develop

a final score: data center consolidation plans, planned IT portfolio review savings, transparency

of IT project risk assessment, and incremental development for IT projects. Across the four

metrics and the final score, agencies earned a total of 14 “A” ratings out of 120 total grades. The

only agencies to get a passing grade in each of the four categories were the Department of

Commerce and the General Services Administration, which both received overall B ratings.23

19

Information about this hearing can be found at http://docs.house.gov/Committee/Calendar/ByEvent.aspx?EventID=

104158.

20

Information about this hearing can be found at https://oversight.house.gov/hearing/the-federal-informationtechnology-reform-act-scorecard-2-0/.

21

Information about this hearing can be found at https://oversight.house.gov/hearing/federal-agencies-reliance-onoutdated-and-unsupported-information-technology-a-ticking-time-bomb/

22

“CIOs Receive Low Marks on IT Reform Report Card,” CIO.gov, November 10, 2015, http://www.cio.com/article/

3003518/government/cios-receive-low-marks-on-it-reform-report-card.html.

23

“FITARA Scorecard Shows Agencies Making Little Progress,” Federal Times, November 4, 2015,

http://www.federaltimes.com/story/government/it/management/2015/11/04/fitara-scorecard/75169026.

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FITARA: FAQ

What are the next steps in the FITARA

implementation process?

GAO has stated that legislative oversight of agencies and their progress in implementing FITARA

will continue and perhaps increase during 2016, as plans and expectations become more concrete.

Another issue to be resolved is that OMB approved 22 out of 24 agencies’ original selfassessments and FITARA implementation plans, but GAO found that not all of the selfassessments were accurate.

OMB imposed an April 30, 2016, deadline for agencies to submit updated FITARA common

baseline self-assessments and GAO has reported that as of May 2016, 22 of the 24 CFO Act

agencies had made their plans publicly available.24

Figure 1. House Oversight and Government Reform

FITARA Implementation Scorecard

November 2015

Source: House Committee on Oversight and Government Reform, https://oversight.house.gov/wp-content/

uploads/2015/11/FINAL-4-area-report-card.pdf.

24

“Powner Testimony,” GAO.

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FITARA: FAQ

Notes: (1) The methodology used to score the agencies is available at https://oversight.house.gov/wp-content/

uploads/2015/11/FINAL-Combined-1-pagers-2.pdf. (2) Three agencies—HUD, SBA, and USAID—did not report

any planned data center consolidation cost savings goals; therefore, no grade has been determined for these

agencies. (3) This area measures agencies ‘major’ investments—defined as those that are spending at least 50% of

their planned spending in development (per the Office of Management and Budget, Fiscal Year 2016 Budget of

the U.S. Government). NASA, NSF, and USAID did not have any projects that met this definition.

Author Contact Information

(name redacted)

Specialist in Internet and Telecommunications

Policy

[redacted]@crs.loc.gov, 7-....

Congressional Research Service

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