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(ii) within 45 days after the expiration 
of the time period to make a payment 
under a payment schedule for a product or 
service developed under paragraph (3). 
(6) WRITTEN AGREEMENT.— 
(A) IN GENERAL.—Before the transfer of 
funds to an agency under paragraph (3)(A), the 
Administrator of General Services (in consulta-
tion with the Director) and the head of the req-
uisitioning agency shall enter into a written 
agreement documenting the purpose for which 
the funds will be used and the terms of repay-
ment. An agreement made pursuant to this sub-
paragraph shall be recorded as an obligation as 
provided in paragraph (5)(B). 
(B) REQUIREMENT
FOR
USE
OF
INCRE-
MENTAL DEVELOPMENT PRACTICES.—For any 
funds transferred to an agency under para-
graph (3)(A), in the absence of compelling cir-
cumstances documented by the Administrator 
of General Services at the time of transfer, such 
funds shall be transferred only on an incre-
mental basis, tied to metric-based development 
milestones achieved by the agency, to be de-
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scribed in the written agreement required pur-
suant to subparagraph (A). 
(7) REPORTING REQUIREMENT.—Not later than 
6 months after the date of the enactment of this 
Act, the Director shall publish and maintain a list 
of each project funded by the Fund on a public 
website to be updated not less than quarterly, that 
includes a description of the project, project status 
(including any schedule delay and cost overruns), 
and financial expenditure data related to the project. 
(b) INFORMATION TECHNOLOGY MODERNIZATION 
BOARD.— 
(1) ESTABLISHMENT.—There is established an 
Information Technology Modernization Board (in 
this section referred to as the ‘‘Board’’) which shall 
evaluate proposals submitted by agencies for funding 
authorized under the Fund. 
(2) RESPONSIBILITIES.—The responsibilities of 
the Board are the following: 
(A) Provide input to the Director for the 
development of processes for agencies to submit 
modernization proposals to the Board and to 
establish the criteria by which such proposals 
are evaluated, which shall include addressing 
the greatest security and operational risks, hav-
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ing the greatest Governmentwide impact, and 
having a high probability of success based on 
factors such as a strong business case, technical 
design, procurement strategy (including ade-
quate use of incremental software development 
practices), and program management. 
(B) Make recommendations to the Admin-
istrator of General Services to assist agencies in 
the further development and refinement of se-
lect submitted modernization proposals, based 
on an initial evaluation performed with the as-
sistance of the Administrator of General Serv-
ices. 
(C) review and prioritize, with the assist-
ance of the Administrator of General Services 
and the Director, modernization proposals 
based on criteria established pursuant to sub-
paragraph (A). 
(D) Identify, with the assistance of the Ad-
ministrator of General Services, opportunities 
to improve or replace multiple information tech-
nology systems with a smaller number of infor-
mation technology systems common to multiple 
agencies. 
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(E) Recommend the funding of moderniza-
tion projects, in accordance with the uses de-
scribed in subsection (a)(3), to the Adminis-
trator of General Services. 
(F) Monitor, in consultation with the Ad-
ministrator of General Services, progress and 
performance in executing approved projects 
and, if necessary, recommend the suspension or 
termination of funding for projects based on 
factors such as failure to meet the terms of the 
written agreement described in subsection 
(a)(6). 
(G) Monitor operating costs of the Fund. 
(3) MEMBERSHIP.—The Board shall consist of 
8 voting members. 
(4) CHAIR.—The Chair of the Board shall be 
the Administrator of the Office of Electronic Gov-
ernment. 
(5) PERMANENT
MEMBERS.—The permanent 
members of the Board shall be the following: 
(A) The Administrator of the Office of 
Electronic Government. 
(B) A senior official from the General 
Services Administration, who shall be appointed 
by the Administrator of General Services. 
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(6) ADDITIONAL MEMBERS OF THE BOARD.— 
(A) APPOINTMENT.—The other members 
of the Board shall be appointed as follows: 
(i) One employee of the National In-
stitute of Standards and Technology of the 
Department of Commerce, appointed by 
the Secretary of Commerce. 
(ii) One employee of the National Pro-
tection and Programs Directorate of the 
Department of Homeland Security, ap-
pointed by the Secretary of Homeland Se-
curity. 
(iii) One employee of the Department 
of Defense, appointed by the Secretary of 
Defense. 
(iv) Three Federal employees pri-
marily having technical expertise in infor-
mation technology development, financial 
management, cybersecurity and privacy, 
and acquisition, appointed by the Director. 
(B) TERM.—Each member of the Board 
described in paragraph (A) shall serve a term 
of 1 year, which shall be renewable up to 3 
times, at the discretion of the appointing Sec-
retary or Director, as applicable. 
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(7) PROHIBITION
ON
COMPENSATION.—Mem-
bers of the Board may not receive additional pay, al-
lowances, or benefits by reason of their service on 
the Board. 
(8) STAFF.—Upon request of the Chair of the 
Board, the Director and the Administrator of Gen-
eral Services may detail, on a nonreimbursable basis, 
any of the personnel of the Office of Management 
and Budget or the General Services Administration 
(as the case may be) to the Board to assist it in car-
rying out its functions under this Act. 
(c) RESPONSIBILITIES OF THE ADMINISTRATOR OF 
GENERAL SERVICES.— 
(1) IN GENERAL.—In addition to the respon-
sibilities described in subsection (a), the Adminis-
trator of General Services shall support the activities 
of the Board and provide technical support to, and, 
with the concurrence of the Director, oversight of, 
agencies that receive transfers from the Fund. 
(2) RESPONSIBILITIES.—The responsibilities of 
the Administrator of General Services are to— 
(A) provide direct technical support in the 
form of personnel services or otherwise to agen-
cies transferred amounts under subsection 
(a)(3)(A) and for products, services, and acqui-
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sition 
vehicles 
funded 
under 
subsection 
(a)(3)(B); 
(B) assist the Board with the evaluation, 
prioritization, and development of agency mod-
ernization proposals; 
(C) perform regular project oversight and 
monitoring of approved agency modernization 
projects, in consultation with the Board and the 
Director, to increase the likelihood of successful 
implementation and reduce waste; and 
(D) provide the Director with information 
necessary to meet the requirements of sub-
section (a)(7). 
(d) AGENCY DEFINED.—In this section, the term 
‘‘agency’’ has the meaning given that term in section 551 
of title 5, United States Code. 
SEC. 5. DEFINITIONS. 
In this Act: 
(1) CLOUD
COMPUTING.—The term ‘‘cloud 
computing’’ has the meaning given that term by the 
National Institute of Standards and Technology in 
NIST Special Publication 800–145 and any amend-
atory or superseding document thereto. 
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(2) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Office of Management and Budg-
et. 
(3) INFORMATION
TECHNOLOGY.—The term 
‘‘information technology’’ has the meaning given 
that term in section 3502 of title 44, United States 
Code. 
(4) LEGACY INFORMATION TECHNOLOGY SYS-
TEM.—The term ‘‘legacy information technology sys-
tem’’ means an outdated or obsolete system of infor-
mation technology. 
Passed the House of Representatives September 22, 
2016. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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