,i  #aadth ,,congress  #b;d ,session    
,h4 ,r4 #dhig  ,,in ,,the ,,house ,,of  
,,representatives  ,april #aa1 #bjaf    
,mr4 ,hoyer 7for himself1 ,mr4          
,cummings1 ,mr4 ,pallone1 ,mr4 ,serrano1
 ,mr4 ,connolly1 ,ms4 ,duckworth1 ,ms4  
,kelly of ,illinois1 and ,mr4 ,ted ,lieu
 of ,california7 introduced the         
following bill2 which was referred to   
the ,committee on ,oversight and        
,government ,reform  ,a ,,bill  ,to     
establish an information technology     
modernization fund and board1 and for   
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,information   
,technology ,modernization ,act4  #b4   
,establishment of information technology
 modernization fund and board  7a7      
,information technology modernization   
fund  7#a7 ,establishment ,there is     
established in the ,treasury an         
,information ,technology ,modernization 
,fund 7in this section referred to as   
the ,fund7 for technology related       
activities1 to improve information      

technology1 and to enhance cybersecurity
 across the ,federal ,government4  7#b7 
,administration of ,fund ,the           
,administrator of ,general ,services    
shall administer the ,fund in accordance
 with this subsection4  7#c7 ,use of    
funds ,the ,administrator of ,general   
,services may1 in accordance with the   
recommendations of the ,information     
,technology ,modernization ,board       
established in subsection 7b71 make use 
of amounts in the ,fund for the         
following purposes3  7,a7 ,to transfer  
such amounts1 to remain available until 
expended1 to the head of an agency to   
improve1 retire1 or replace existing    
information technology systems to       
enhance cybersecurity and improve       
efficiency and effectiveness4  7,b7 ,for
 the development1 operation1 and        
procurement of information technology   
products1 services1 and acquisition     
vehicles for use by agencies to improve 
,governmentwide efficiency and          
cybersecurity in accordance with the    

requirements of the agencies4  7,c7 ,to 
provide services or work performed in   
support of the activities described     
under subparagraph 7,a7 or 7,b74  7#d7  
,deposit of funds  7,a7 ,in general     
,effective on ,october #a1 #bjaf1 there 
is appropriated to the ,fund1 out of any
 money in the ,treasury not otherwise   
appropriated1 #c1jjj1jjj1jjj4  7,b7     
,other credits ,the ,fund shall be      
credited with all reimbursements1       
advances1 or refunds or recoveries      
relating to information technology or   
services provided through the ,fund4    
7,c7 ,availability ,amounts deposited1  
credited1 or otherwise made available to
 the ,fund shall be available without   
regard to fiscal year limitation4  7#e7 
,reimbursement  7,a7 ,payment by agency 
,for a product or service developed     
under paragraph 7#c71 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 subsection4  7,b7  

,reimbursement by agency ,the head of an
 agency shall reimburse the ,fund for   
any transfer made under paragraph       
7#c77;,a7 in accordance with the terms  
established in the written agreement    
described in paragraph 7#f74            
,notwithstanding any other provision of 
law1 an agency may make a reimbursement 
required by this subparagraph from any  
appropriation available for information 
technology activities4 ,an obligation to
 make a payment under an agreement      
described in paragraph 7#f7 in a future 
fiscal year shall be recorded pursuant  
to section #aeja of title #ca1 ,united  
,states ,code1 in the fiscal year in    
which the payment is due4  7,c7 ,prices 
fixed by ,administrator of ,general     
,services ,the ,administrator of        
,general ,services1 in consultation with
 the ,director of the ,office of        
,management and ,budget1 shall establish
 amounts to be paid by an agency and    
terms of repayment for use of a product 
or service developed under paragraph    

7#c7 at levels sufficient to ensure the 
solvency of the ,fund1 including        
operating expenses4 ,before making any  
changes to the established amounts and  
terms of repayment1 the ,administrator  
of ,general ,services shall conduct a   
review and consult with the ,director of
 the ,office of ,management and ,budget4
  7,d7 ,failure to make timely          
reimbursement ,the ,administrator of    
,general ,services may obtain           
reimbursement by the issuance of        
transfer and counterwarrants1 or other  
lawful transfer documents1 supported by 
itemized bills1 if payment is not made  
by a requisitioning agency--  7i7 within
 #ij days after the expiration of a     
repayment period described in the       
written agreement described in paragraph
 7#f77;,a72 or  7ii7 within #de days    
after the expiration of the time period 
to make a payment under a payment       
schedule for a product or service       
developed under paragraph 7#c74  7#f7   
,written agreement  7,a7 ,in general    

,before the transfer of funds to an     
agency under paragraph 7#c77;,a71 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     
repayment4 ,an agreement made pursuant  
to this subparagraph shall be recorded  
as an obligation as provided in         
paragraph 7#e77;,b74  7,b7 ,requirement 
for use of incremental development      
practices ,for any funds transferred to 
an agency under paragraph 7#c77;,a71 in 
the absence of compelling circumstances 
documented by the ,administrator of     
,general ,services at the time of       
transfer1 such funds shall be           
transferred only on an incremental      
basis1 tied to metric-based development 
milestones achieved by the agency1 to be
 described in the written agreement     
required pursuant to subparagraph 7,a74 
7b7 ,information technology             
modernization board  7#a7 ,establishment

 ,there is established an ,information  
,technology ,modernization ,board 7in   
this section referred to as the ,board7 
which shall evaluate all proposals for  
modernization submitted by agencies of  
information technology used in the      
,federal ,government4  7#b7             
,responsibilities ,the responsibilities 
of the ,board are to-- 7,a7 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 evaluated1     
which shall include addressing the      
greatest security and operational risks1
 having the greatest ,governmentwide    
impact1 and having a high probability of
 success based on factors such as a     
strong business justification1 technical
 design1 procurement strategy 7including
 adequate use of incremental development
 practices71 and program management2    
7,b7 make recommendations to the        

,administrator of ,general ,services to 
assist agencies in the further          
development and refinement of select    
submitted modernization proposals1 based
 on an initial evaluation performed with
 the assistance of the ,administrator of
 ,general ,services2  7,c7 review and   
prioritize1 with the assistance of the  
,administrator of ,general ,services and
 the ,director of the ,office of        
,management and ,budget1 modernization  
proposals based on criteria established 
pursuant to subparagraph 7,a72  7,d7    
identify1 with the assistance of the    
,administrator of ,general ,services1   
opportunities to improve or replace     
multiple information technology systems 
with a smaller number of information    
technology systems common to multiple   
agencies2  7,e7 recommend the funding of
 agency modernization proposals1 in     
accordance with the uses in subsection  
7a77#c77;,a71 to the ,administrator of  
,general ,services2 and  7,f7 monitor1  
in consultation with the ,administrator 

of ,general ,services1 progress and     
performance in executing approved       
projects and1 if necessary1 recommend   
the suspension or termination of funding
 for projects that fail to meet the     
terms of the written agreement described
 in subsection 7a77#f74  7#c7           
,membership ,the ,board shall consist of
 #g voting members4  7#d7 ,chair ,the   
,administrator of the ,office of        
,electronic ,government shall serve as  
the chair of the ,board4  7#e7          
,permanent members ,the permanent       
members of the ,board shall be the      
following3 7,a7 ,the ,administrator of  
the ,office of ,electronic ,government4 
7,b7 ,a senior official from the        
,general ,services ,administration1 who 
shall be appointed by the ,administrator
 of ,general ,services4  7#f7           
,additional members of the ,board  7,a7 
,appointment ,the other members of the  
,board shall be appointed as follows3   
7i7 ,an employee of the ,national       
,institute of ,standards and ,technology

 of the ,department of ,commerce1 by the
 ,secretary of ,commerce4  7ii7 ,an     
employee of the ,national ,protection   
and ,programs ,directorate of the       
,department of ,homeland ,security1 by  
the ,secretary of ,homeland ,security4  
7iii7 ,three ,federal employees         
primarily having technical expertise in 
information technology development1     
financial management1 cybersecurity and 
privacy1 and acquisition1 by the        
,director of the ,office of ,management 
and ,budget4  7,b7 ,term ,each member of
 the ,board described in paragraph 7,a7 
shall serve a term of one year1 which   
shall be renewable up to three times1 at
 the discretion of the appointing       
,secretary or ,director1 as applicable4 
7#g7 ,prohibition on compensation       
,members of the ,board may not receive  
additional pay1 allowances1 or benefits 
by reason of their service on the       
,board4  7#h7 ,staff ,upon request of   
the chair of the ,board1 the ,director  
of the ,office of ,management and       

,budget and the ,administrator of       
,general ,services may detail1 on a     
nonreimbursable basis1 any of the       
personnel of the ,office or the ,general
 ,services ,administration 7as the case 
may be7 to the ,board to assist it in   
carrying out its functions under this   
,act4  7c7 ,responsibilities of the     
,administrator of ,general ,services    
7#a7 ,in general ,in addition to the    
responsibilities described in subsection
 7a71 the ,administrator of ,general    
,services shall support the activities  
of the ,board and provide technical     
support to1 and oversight of1 agencies  
that receive transfers from the ,fund4  
7#b7 ,responsibilities ,the             
responsibilities of the ,administrator  
of ,general ,services are to-- 7,a7     
provide direct technical support in the 
form of personnel services or otherwise 
to agencies transferred amounts under   
subsection 7a77#c77;,a7 and for         
products1 services1 and acquisition     
vehicles funded under subsection        

7a77#c77;,b72  7,b7 assist the ,board   
with the evaluation1 prioritization1 and
 development of agency modernization    
proposals2  7,c7 perform regular project
 oversight and monitoring of approved   
agency modernization projects1 in       
consultation with the ,board and the    
,director of the ,office of ,management 
and ,budget1 to increase the likelihood 
of successful implementations and reduce
 waste2 and  7,d7 publish and maintain a
 list of projects funded by the ,fund on
 a public dashboard to be updated not   
less than quarterly1 that includes a    
description of the project1 project     
status1 and financial expenditure data  
related to the project4  7d7 ,agency    
defined ,in this section1 the term      
agency has the meaning given that term  
in section #eea of title #e1 ,united    
,states ,code4