Information Technology Modernization Act
This bill establishes in the Treasury an Information Technology Modernization Fund for technology related activities, to improve information technology, and to enhance cybersecurity across the federal government.
The Fund shall be administered by the General Services Administration (GSA). The GSA may:
An agency shall: (1) reimburse the Fund for any such transfer, and (2) pay a price to be fixed by the GSA for any such product or service the agency uses.
The bill establishes an Information Technology Modernization Board, which shall: (1) evaluate proposals for modernization submitted by agencies; (2) make recommendations to the GSA to assist agencies in the further development and refinement of select proposals; and (3) monitor progress and performance in executing approved projects and, if necessary, recommend the suspension or termination of funding.
The GSA shall support Board activities and provide technical support to, and oversight of, agencies that receive transfers from the Fund.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4897 Introduced in House (IH)]
<DOC>
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Information Technology Modernization
Act''.
SEC. 2. ESTABLISHMENT OF INFORMATION TECHNOLOGY MODERNIZATION FUND AND
BOARD.
(a) Information Technology Modernization Fund.--
(1) Establishment.--There is established in the Treasury an
Information Technology Modernization Fund (in this section
referred to as the ``Fund'') for technology related activities,
to improve information technology, and to enhance cybersecurity
across the Federal Government.
(2) Administration of fund.--The Administrator 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 recommendations of the Information
Technology Modernization Board established in subsection (b),
make use of amounts in the Fund for the following purposes:
(A) To transfer such amounts, to remain available
until expended, to the head of an agency to improve,
retire, or replace existing information technology
systems to enhance cybersecurity and improve efficiency
and effectiveness.
(B) For the development, operation, and procurement
of information technology products, services, and
acquisition vehicles for use by agencies to improve
Governmentwide efficiency and cybersecurity in
accordance with the requirements of the agencies.
(C) To provide services or work performed in
support of the activities described under subparagraph
(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 appropriated,
$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 Administrator 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 available for
information technology activities. An obligation to
make a payment under an agreement described in
paragraph (6) in a future fiscal year 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 administrator of general
services.--The Administrator of General Services, in
consultation with the Director of the Office of
Management and Budget, 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 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
Management and Budget.
(D) Failure to make timely reimbursement.--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 requisitioning 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 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 obligation as
provided in paragraph (5)(B).
(B) Requirement for use of incremental development
practices.--For any funds transferred to an agency
under paragraph (3)(A), in the absence of compelling
circumstances documented by the Administrator of
General Services 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 the written agreement
required pursuant 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.
(2) Responsibilities.--The responsibilities of the Board
are to--
(A) provide input to the Director of the Office of
Management and Budget 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, having the
greatest Governmentwide impact, and having a high
probability of success based on factors such as a
strong business justification, technical design,
procurement strategy (including adequate use of
incremental development practices), and program
management;
(B) make recommendations to the Administrator of
General Services to assist agencies in the further
development and refinement of select submitted
modernization proposals, based on an initial evaluation
performed with the assistance of the Administrator of
General Services;
(C) review and prioritize, with the assistance of
the Administrator of General Services and the Director
of the Office of Management and Budget, modernization
proposals based on criteria established pursuant to
subparagraph (A);
(D) identify, with the assistance of the
Administrator of General Services, opportunities to
improve or replace multiple information technology
systems with a smaller number of information 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 Administrator of General Services;
and
(F) monitor, in consultation with the Administrator
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 described 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.
(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 Institute
of Standards and Technology of the Department
of Commerce, by the Secretary of Commerce.
(ii) An employee of the National Protection
and Programs Directorate of the Department of
Homeland Security, by the Secretary of Homeland
Security.
(iii) Three Federal employees primarily
having technical expertise in information
technology development, financial management,
cybersecurity and privacy, and acquisition, by
the Director of the Office of Management and
Budget.
(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.--Members of the Board may
not receive additional pay, allowances, 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 Services 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 responsibilities
described in subsection (a), the Administrator 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.
(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 agencies transferred
amounts under subsection (a)(3)(A) and for products,
services, and acquisition vehicles funded under
subsection (a)(3)(B);
(B) assist the Board with the evaluation,
prioritization, and development of agency modernization
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 includes a description of the
project, project status, and financial expenditure data
related to the project.
(d) Agency Defined.--In this section, the term ``agency'' has the
meaning given that term in section 551 of title 5, United States Code.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR H1639)
Referred to the House Committee on Oversight and Government Reform.
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