I 

114TH CONGRESS 

2D SESSION H. R. 4897 

To establish an information technology modernization fund and board, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 11, 2016 

Mr. HOYER (for himself, Mr. CUMMINGS, Mr. PALLONE, Mr. SERRANO, Mr. 

CONNOLLY, Ms. DUCKWORTH, Ms. KELLY of Illinois, and Mr. TED LIEU

of California) introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform 

A BILL 

To establish an information technology modernization fund 

and board, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Information Tech5 nology Modernization Act’’. 

6 SEC. 2. ESTABLISHMENT OF INFORMATION TECHNOLOGY 

7 MODERNIZATION FUND AND BOARD. 

8 (a) INFORMATION TECHNOLOGY MODERNIZATION

9 FUND.— 


asabaliauskas on DSK3SPTVN1PROD with BILLS
2 

•HR 4897 IH

1 (1) ESTABLISHMENT.—There is established in 

2 the Treasury an Information Technology Moderniza3 tion Fund (in this section referred to as the 

4 ‘‘Fund’’) for technology related activities, to improve 

5 information technology, and to enhance cybersecu6 rity across the Federal Government. 

7 (2) ADMINISTRATION OF FUND.—The Adminis8 trator of General Services shall administer the Fund 

9 in accordance with this subsection. 

10 (3) USE OF FUNDS.—The Administrator of 

11 General Services may, in accordance with the rec12 ommendations of the Information Technology Mod13 ernization Board established in subsection (b), make 

14 use of amounts in the Fund for the following pur15 poses: 

16 (A) To transfer such amounts, to remain 

17 available until expended, to the head of an 

18 agency to improve, retire, or replace existing in19 formation technology systems to enhance cyber20 security and improve efficiency and effective21 ness. 

22 (B) For the development, operation, and 

23 procurement of information technology prod24 ucts, services, and acquisition vehicles for use 

25 by agencies to improve Governmentwide effiVerDate Sep 11 2014 20:57 Apr 11, 2016 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4897.IH H4897

asabaliauskas on DSK3SPTVN1PROD with BILLS
3 

•HR 4897 IH

1 ciency and cybersecurity in accordance with the 

2 requirements of the agencies. 

3 (C) To provide services or work performed 

4 in support of the activities described under sub5 paragraph (A) or (B). 

6 (4) DEPOSIT OF FUNDS.— 

7 (A) IN GENERAL.—Effective on October 1, 

8 2016, there is appropriated to the Fund, out of 

9 any money in the Treasury not otherwise ap10 propriated, $3,000,000,000. 

11 (B) OTHER CREDITS.—The Fund shall be 

12 credited with all reimbursements, advances, or 

13 refunds or recoveries relating to information 

14 technology or services provided through the 

15 Fund. 

16 (C) AVAILABILITY.—Amounts deposited, 

17 credited, or otherwise made available to the 

18 Fund shall be available without regard to fiscal 

19 year limitation. 

20 (5) REIMBURSEMENT.— 

21 (A) PAYMENT BY AGENCY.—For a product 

22 or service developed under paragraph (3), the 

23 head of an agency that uses such product or 

24 service shall pay an amount fixed by the AdVerDate Sep 11 2014 20:57 Apr 11, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4897.IH H4897

asabaliauskas on DSK3SPTVN1PROD with BILLS
4 

•HR 4897 IH

1 ministrator of General Services in accordance 

2 with this subsection. 

3 (B) REIMBURSEMENT BY AGENCY.—The 

4 head of an agency shall reimburse the Fund for 

5 any transfer made under paragraph (3)(A) in 

6 accordance with the terms established in the 

7 written agreement described in paragraph (6). 

8 Notwithstanding any other provision of law, an 

9 agency may make a reimbursement required by 

10 this subparagraph from any appropriation avail11 able for information technology activities. An 

12 obligation to make a payment under an agree13 ment described in paragraph (6) in a future fis14 cal year shall be recorded pursuant to section 

15 1501 of title 31, United States Code, in the fis16 cal year in which the payment is due. 

17 (C) PRICES FIXED BY ADMINISTRATOR OF

18 GENERAL SERVICES.—The Administrator of 

19 General Services, in consultation with the Di20 rector of the Office of Management and Budg21 et, shall establish amounts to be paid by an 

22 agency and terms of repayment for use of a 

23 product or service developed under paragraph 

24 (3) at levels sufficient to ensure the solvency of 

25 the Fund, including operating expenses. Before 


asabaliauskas on DSK3SPTVN1PROD with BILLS
5 

•HR 4897 IH

1 making any changes to the established amounts 

2 and terms of repayment, the Administrator of 

3 General Services shall conduct a review and 

4 consult with the Director of the Office of Man5 agement and Budget. 

6 (D) FAILURE TO MAKE TIMELY REIM7 BURSEMENT.—The Administrator of General 

8 Services may obtain reimbursement by the 

9 issuance of transfer and counterwarrants, or 

10 other lawful transfer documents, supported by 

11 itemized bills, if payment is not made by a req12 uisitioning agency— 

13 (i) within 90 days after the expiration 

14 of a repayment period described in the 

15 written agreement described in paragraph 

16 (6)(A); or 

17 (ii) within 45 days after the expiration 

18 of the time period to make a payment 

19 under a payment schedule for a product or 

20 service developed under paragraph (3). 

21 (6) WRITTEN AGREEMENT.— 

22 (A) IN GENERAL.—Before the transfer of 

23 funds to an agency under paragraph (3)(A), the 

24 Administrator of General Services and the head 

25 of the requisitioning agency shall enter into a 


asabaliauskas on DSK3SPTVN1PROD with BILLS
6 

•HR 4897 IH

1 written agreement documenting the purpose for 

2 which the funds will be used and the terms of 

3 repayment. An agreement made pursuant to 

4 this subparagraph shall be recorded as an obli5 gation as provided in paragraph (5)(B). 

6 (B) REQUIREMENT FOR USE OF INCRE7 MENTAL DEVELOPMENT PRACTICES.—For any 

8 funds transferred to an agency under para9 graph (3)(A), in the absence of compelling cir10 cumstances documented by the Administrator 

11 of General Services at the time of transfer, such 

12 funds shall be transferred only on an incre13 mental basis, tied to metric-based development 

14 milestones achieved by the agency, to be de15 scribed in the written agreement required pur16 suant to subparagraph (A). 

17 (b) INFORMATION TECHNOLOGY MODERNIZATION

18 BOARD.— 

19 (1) ESTABLISHMENT.—There is established an 

20 Information Technology Modernization Board (in 

21 this section referred to as the ‘‘Board’’) which shall 

22 evaluate all proposals for modernization submitted 

23 by agencies of information technology used in the 

24 Federal Government. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
7 

•HR 4897 IH

1 (2) RESPONSIBILITIES.—The responsibilities of 

2 the Board are to— 

3 (A) provide input to the Director of the 

4 Office of Management and Budget for the de5 velopment of processes for agencies to submit 

6 modernization proposals to the Board and to 

7 establish the criteria by which such proposals 

8 are evaluated, which shall include addressing 

9 the greatest security and operational risks, hav10 ing the greatest Governmentwide impact, and 

11 having a high probability of success based on 

12 factors such as a strong business justification, 

13 technical design, procurement strategy (includ14 ing adequate use of incremental development 

15 practices), and program management; 

16 (B) make recommendations to the Admin17 istrator of General Services to assist agencies in 

18 the further development and refinement of se19 lect submitted modernization proposals, based 

20 on an initial evaluation performed with the as21 sistance of the Administrator of General Serv22 ices; 

23 (C) review and prioritize, with the assist24 ance of the Administrator of General Services 

25 and the Director of the Office of Management 


asabaliauskas on DSK3SPTVN1PROD with BILLS
8 

•HR 4897 IH

1 and Budget, modernization proposals based on 

2 criteria established pursuant to subparagraph 

3 (A); 

4 (D) identify, with the assistance of the Ad5 ministrator of General Services, opportunities 

6 to improve or replace multiple information tech7 nology systems with a smaller number of infor8 mation technology systems common to multiple 

9 agencies; 

10 (E) recommend the funding of agency 

11 modernization proposals, in accordance with the 

12 uses in subsection (a)(3)(A), to the Adminis13 trator of General Services; and 

14 (F) monitor, in consultation with the Ad15 ministrator of General Services, progress and 

16 performance in executing approved projects 

17 and, if necessary, recommend the suspension or 

18 termination of funding for projects that fail to 

19 meet the terms of the written agreement de20 scribed in subsection (a)(6). 

21 (3) MEMBERSHIP.—The Board shall consist of 

22 7 voting members. 

23 (4) CHAIR.—The Administrator of the Office of 

24 Electronic Government shall serve as the chair of 

25 the Board. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
9 

•HR 4897 IH

1 (5) PERMANENT MEMBERS.—The permanent 

2 members of the Board shall be the following: 

3 (A) The Administrator of the Office of 

4 Electronic Government. 

5 (B) A senior official from the General 

6 Services Administration, who shall be appointed 

7 by the Administrator of General Services. 

8 (6) ADDITIONAL MEMBERS OF THE BOARD.— 

9 (A) APPOINTMENT.—The other members 

10 of the Board shall be appointed as follows: 

11 (i) An employee of the National Insti12 tute of Standards and Technology of the 

13 Department of Commerce, by the Sec14 retary of Commerce. 

15 (ii) An employee of the National Pro16 tection and Programs Directorate of the 

17 Department of Homeland Security, by the 

18 Secretary of Homeland Security. 

19 (iii) Three Federal employees pri20 marily having technical expertise in infor21 mation technology development, financial 

22 management, cybersecurity and privacy, 

23 and acquisition, by the Director of the Of24 fice of Management and Budget. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
10 

•HR 4897 IH

1 (B) TERM.—Each member of the Board 

2 described in paragraph (A) shall serve a term 

3 of one year, which shall be renewable up to 

4 three times, at the discretion of the appointing 

5 Secretary or Director, as applicable. 

6 (7) PROHIBITION ON COMPENSATION.—Mem7 bers of the Board may not receive additional pay, al8 lowances, or benefits by reason of their service on 

9 the Board. 

10 (8) STAFF.—Upon request of the chair of the 

11 Board, the Director of the Office of Management 

12 and Budget and the Administrator of General Serv13 ices may detail, on a nonreimbursable basis, any of 

14 the personnel of the Office or the General Services 

15 Administration (as the case may be) to the Board to 

16 assist it in carrying out its functions under this Act. 

17 (c) RESPONSIBILITIES OF THE ADMINISTRATOR OF

18 GENERAL SERVICES.— 

19 (1) IN GENERAL.—In addition to the respon20 sibilities described in subsection (a), the Adminis21 trator of General Services shall support the activities 

22 of the Board and provide technical support to, and 

23 oversight of, agencies that receive transfers from the 

24 Fund. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
11 

•HR 4897 IH

1 (2) RESPONSIBILITIES.—The responsibilities of 

2 the Administrator of General Services are to— 

3 (A) provide direct technical support in the 

4 form of personnel services or otherwise to agen5 cies transferred amounts under subsection 

6 (a)(3)(A) and for products, services, and acqui7 sition vehicles funded under subsection 

8 (a)(3)(B); 

9 (B) assist the Board with the evaluation, 

10 prioritization, and development of agency mod11 ernization proposals; 

12 (C) perform regular project oversight and 

13 monitoring of approved agency modernization 

14 projects, in consultation with the Board and the 

15 Director of the Office of Management and 

16 Budget, to increase the likelihood of successful 

17 implementations and reduce waste; and 

18 (D) publish and maintain a list of projects 

19 funded by the Fund on a public dashboard to 

20 be updated not less than quarterly, that in21 cludes a description of the project, project sta22 tus, and financial expenditure data related to 

23 the project. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
12 

•HR 4897 IH

1 (d) AGENCY DEFINED.—In this section, the term 

2 ‘‘agency’’ has the meaning given that term in section 551 

3 of title 5, United States Code. 

Æ 


asabaliauskas on DSK3SPTVN1PROD with BILLS