hance cybersecurity and improve efficiency and 
effectiveness. 
(B) For the development, operation, and 
procurement of information technology prod-
ucts, services, and acquisition vehicles for use 
by agencies to improve Governmentwide effi-
ciency and cybersecurity in accordance with the 
requirements of such agencies. 
(C) To provide services or work performed 
in support of the activities described under sub-
paragraph (A) or (B). 
(4) 
AUTHORIZATION
OF
APPROPRIATIONS; 
CREDITS; AVAILABILITY OF FUNDS.— 
(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
to the Fund $250,000,000 for each of fiscal 
years 2018 and 2019. 
(B) CREDITS.—In addition to any funds 
otherwise appropriated, the Fund shall be cred-
ited with all reimbursements, advances, or re-
funds or recoveries relating to information tech-
nology or services provided through the Fund. 
(C) AVAILABILITY
OF
FUNDS.—Amounts 
deposited, credited, or otherwise made available 
to the Fund shall be available, as provided in 
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appropriations Acts, until expended for the pur-
poses described in paragraph (3). 
(5) REIMBURSEMENT.— 
(A) PAYMENT BY AGENCY.—For a product 
or service developed under paragraph (3)(B), 
including any services or work performed in 
support of such development under paragraph 
(3)(C), the head of an agency that uses such 
product or service shall pay an amount fixed by 
the Commissioner in accordance with this para-
graph. 
(B) REIMBURSEMENT
BY
AGENCY.—The 
head of an agency shall reimburse the Fund for 
any transfer made under paragraph (3)(A), in-
cluding any services or work performed in sup-
port of such transfer under paragraph (3)(C), 
in accordance with the terms established in a 
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 made 
available subsequent to the date of the enact-
ment of this Act for information technology ac-
tivities, consistent with any applicable re-
programming law or guidelines of the Commit-
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tees on Appropriations of the House of Rep-
resentatives and the Senate. An obligation to 
make a payment under a written agreement de-
scribed in paragraph (6) in a fiscal year after 
the date of the enactment of this Act shall be 
recorded pursuant to section 1501 of title 31, 
United States Code, in the fiscal year in which 
the payment is due. 
(C) PRICES
FIXED
BY
COMMISSIONER.— 
The Commissioner, in consultation with the Di-
rector, shall establish amounts to be paid by an 
agency and terms of repayment for use of a 
product or service developed under paragraph 
(3)(B), including any services or work per-
formed in support of such development under 
paragraph (3)(C), at levels sufficient to ensure 
the solvency of the Fund, including operating 
expenses. Before making any changes to the es-
tablished amounts and terms of repayment, the 
Commissioner shall conduct a review and obtain 
approval from the Director. 
(D) FAILURE
TO
MAKE
TIMELY
REIM-
BURSEMENT.—The Commissioner may obtain 
reimbursement by the issuance of transfer and 
counterwarrants, or other lawful transfer docu-
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ments, supported by itemized bills, if payment 
is not made by an agency— 
(i) within 90 days after the expiration 
of a repayment period described in a writ-
ten agreement described in paragraph (6); 
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)(B). 
(6) WRITTEN AGREEMENT.— 
(A) IN GENERAL.—Before the transfer of 
funds to an agency under paragraph (3)(A), the 
Commissioner (in consultation with the Direc-
tor) and the head of the requisitioning agency 
shall enter into a written agreement docu-
menting the purpose for which the funds will be 
used and the terms of repayment, which may 
not exceed five years unless approved by the Di-
rector. An agreement made pursuant to this 
subparagraph 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-
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graph (3)(A), in the absence of compelling cir-
cumstances documented by the Commissioner 
at the time of transfer, such funds shall be 
transferred only on an incremental basis, tied to 
metric-based development milestones achieved 
by the agency, to be described in a written 
agreement required under subparagraph (A). 
(7) REPORTING REQUIREMENT.—Not later than 
six 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) TECHNOLOGY MODERNIZATION BOARD.— 
(1) ESTABLISHMENT.—There is established a 
Technology Modernization Board (in this section re-
ferred to as the ‘‘Board’’) to evaluate proposals sub-
mitted 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 
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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 case, technical 
design, procurement strategy (including ade-
quate use of incremental software development 
practices), and program management. 
(B) Make recommendations to the Com-
missioner to assist agencies in the further devel-
opment and refinement of select submitted 
modernization proposals, based on an initial 
evaluation performed with the assistance of the 
Commissioner. 
(C) Review and prioritize, with the assist-
ance of the Commissioner and the Director, 
modernization proposals based on criteria estab-
lished pursuant to subparagraph (A). 
(D) Identify, with the assistance of the 
Commissioner, opportunities to improve or re-
place multiple information technology systems 
with a smaller number of information tech-
nology systems common to multiple agencies. 
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pointed by the Administrator of General Serv-
ices, with the approval of the Director. 
(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 Pro-
tection and Programs Directorate of the 
Department of Homeland Security, ap-
pointed by the Secretary of Homeland Se-
curity. 
(ii) One employee of the Department 
of Defense, appointed by the Secretary of 
Defense. 
(iii) Four Federal employees primarily 
having technical expertise in information 
technology development, financial manage-
ment, cybersecurity and privacy, and ac-
quisition, appointed by the Director. 
(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-
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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 the 
Board in carrying out its functions under this Act. 
(c) RESPONSIBILITIES OF COMMISSIONER.— 
(1) IN GENERAL.—In addition to the respon-
sibilities described in subsection (a), the Commis-
sioner shall support the activities of the Board and 
provide technical support to, and, with the concur-
rence of the Director, oversight of, agencies that re-
ceive transfers from the Fund. 
(2) RESPONSIBILITIES.—The responsibilities of 
the Commissioner are the following: 
(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). 
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(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. 
(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. 
(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of the Technology 
Transformation Service of the General Services Ad-
ministration. 
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(3) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Office of Management and Budg-
et. 
(4) INFORMATION
TECHNOLOGY.—The term 
‘‘information technology’’ has the meaning given 
that term in section 3502 of title 44, United States 
Code. 
(5) LEGACY INFORMATION TECHNOLOGY SYS-
TEM.—The term ‘‘legacy information technology sys-
tem’’ means an outdated or obsolete system of infor-
mation technology. 
Æ 
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