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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Information Tech-
nology Modernization Act’’. 
SEC. 2. ESTABLISHMENT OF INFORMATION TECHNOLOGY 
MODERNIZATION FUND AND BOARD. 
(a) INFORMATION TECHNOLOGY MODERNIZATION 
FUND.— 
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(1) ESTABLISHMENT.—There is established in 
the Treasury an Information Technology Moderniza-
tion Fund (in this section referred to as the 
‘‘Fund’’) for technology related activities, to improve 
information technology, and to enhance cybersecu-
rity across the Federal Government. 
(2) ADMINISTRATION OF FUND.—The Adminis-
trator of General Services shall administer the Fund 
in accordance with this subsection. 
(3) USE
OF
FUNDS.—The Administrator of 
General Services may, in accordance with the rec-
ommendations of the Information Technology Mod-
ernization Board established in subsection (b), make 
use of amounts in the Fund for the following pur-
poses: 
(A) To transfer such amounts, to remain 
available until expended, to the head of an 
agency to improve, retire, or replace existing in-
formation technology systems to enhance cyber-
security and improve efficiency and effective-
ness. 
(B) For the development, operation, and 
procurement of information technology prod-
ucts, services, and acquisition vehicles for use 
by agencies to improve Governmentwide effi-
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ciency and cybersecurity in accordance with the 
requirements of the agencies. 
(C) To provide services or work performed 
in support of the activities described under sub-
paragraph (A) or (B). 
(4) DEPOSIT OF FUNDS.— 
(A) IN GENERAL.—Effective on October 1, 
2016, there is appropriated to the Fund, out of 
any money in the Treasury not otherwise ap-
propriated, $3,000,000,000. 
(B) OTHER CREDITS.—The Fund shall be 
credited with all reimbursements, advances, or 
refunds or recoveries relating to information 
technology or services provided through the 
Fund. 
(C) AVAILABILITY.—Amounts deposited, 
credited, or otherwise made available to the 
Fund shall be available without regard to fiscal 
year limitation. 
(5) REIMBURSEMENT.— 
(A) PAYMENT BY AGENCY.—For a product 
or service developed under paragraph (3), the 
head of an agency that uses such product or 
service shall pay an amount fixed by the Ad-
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ministrator of General Services in accordance 
with this subsection. 
(B) REIMBURSEMENT
BY
AGENCY.—The 
head of an agency shall reimburse the Fund for 
any transfer made under paragraph (3)(A) in 
accordance with the terms established in the 
written agreement described in paragraph (6). 
Notwithstanding any other provision of law, an 
agency may make a reimbursement required by 
this subparagraph from any appropriation avail-
able for information technology activities. An 
obligation to make a payment under an agree-
ment described in paragraph (6) in a future fis-
cal year shall be recorded pursuant to section 
1501 of title 31, United States Code, in the fis-
cal year in which the payment is due. 
(C) PRICES FIXED BY ADMINISTRATOR OF 
GENERAL
SERVICES.—The Administrator of 
General Services, in consultation with the Di-
rector of the Office of Management and Budg-
et, shall establish amounts to be paid by an 
agency and terms of repayment for use of a 
product or service developed under paragraph 
(3) at levels sufficient to ensure the solvency of 
the Fund, including operating expenses. Before 
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making any changes to the established amounts 
and terms of repayment, the Administrator of 
General Services shall conduct a review and 
consult with the Director of the Office of Man-
agement and Budget. 
(D) FAILURE
TO
MAKE
TIMELY
REIM-
BURSEMENT.—The Administrator of General 
Services may obtain reimbursement by the 
issuance of transfer and counterwarrants, or 
other lawful transfer documents, supported by 
itemized bills, if payment is not made by a req-
uisitioning agency— 
(i) within 90 days after the expiration 
of a repayment period described in the 
written agreement described in paragraph 
(6)(A); or 
(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 and the head 
of the requisitioning agency shall enter into a 
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written agreement documenting the purpose for 
which the funds will be used and the terms of 
repayment. An agreement made pursuant to 
this subparagraph shall be recorded as an obli-
gation 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-
scribed in the written agreement required pur-
suant to subparagraph (A). 
(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 all proposals for modernization submitted 
by agencies of information technology used in the 
Federal Government. 
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(2) RESPONSIBILITIES.—The responsibilities of 
the Board are to— 
(A) provide input to the Director of the 
Office of Management and Budget for the de-
velopment 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-
ing the greatest Governmentwide impact, and 
having a high probability of success based on 
factors such as a strong business justification, 
technical design, procurement strategy (includ-
ing adequate use of incremental 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 of the Office of Management 
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and Budget, modernization proposals based on 
criteria established pursuant to subparagraph 
(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; 
(E) recommend the funding of agency 
modernization proposals, in accordance with the 
uses in subsection (a)(3)(A), to the Adminis-
trator of General Services; and 
(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 that fail to 
meet the terms of the written agreement de-
scribed in subsection (a)(6). 
(3) MEMBERSHIP.—The Board shall consist of 
7 voting members. 
(4) CHAIR.—The Administrator of the Office of 
Electronic Government shall serve as the chair of 
the Board. 
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(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. 
(6) ADDITIONAL MEMBERS OF THE BOARD.— 
(A) APPOINTMENT.—The other members 
of the Board shall be appointed as follows: 
(i) An employee of the National Insti-
tute of Standards and Technology of the 
Department of Commerce, by the Sec-
retary of Commerce. 
(ii) An employee of the National Pro-
tection and Programs Directorate of the 
Department of Homeland Security, by the 
Secretary of Homeland Security. 
(iii) Three Federal employees pri-
marily having technical expertise in infor-
mation technology development, financial 
management, cybersecurity and privacy, 
and acquisition, by the Director of the Of-
fice of Management and Budget. 
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(B) TERM.—Each member of the Board 
described in paragraph (A) shall serve a term 
of one year, which shall be renewable up to 
three times, at the discretion of the appointing 
Secretary or Director, as applicable. 
(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 of the Office of Management 
and Budget and the Administrator of General Serv-
ices may detail, on a nonreimbursable basis, any of 
the personnel of the Office or the General Services 
Administration (as the case may be) to the Board to 
assist it in carrying 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 
oversight of, agencies that receive transfers from the 
Fund. 
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(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-
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 of the Office of Management and 
Budget, to increase the likelihood of successful 
implementations and reduce waste; and 
(D) publish and maintain a list of projects 
funded by the Fund on a public dashboard to 
be updated not less than quarterly, that in-
cludes a description of the project, project sta-
tus, and financial expenditure data related to 
the project. 
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(d) AGENCY DEFINED.—In this section, the term 
‘‘agency’’ has the meaning given that term in section 551 
of title 5, United States Code. 
Æ 
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