[Congressional Record Volume 163, Number 148 (Wednesday, September 13, 2017)]
[Senate]
[Pages S5671-S5674]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1006. Mr. MORAN (for himself, Mr. Udall, Mr. Daines, and Mr.
Warner) submitted an amendment intended to be proposed to amendment SA
1003 proposed by Mr. McCain (for himself and Mr. Reed) to the bill H.R.
2810, to authorize appropriations for fiscal year 2018 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy,
[[Page S5672]]
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--Modernizing Government Technology
SEC. 1091. SHORT TITLE.
This subtitle may be cited as the ``Modernizing Government
Technology Act of 2017'' or the ``MGT Act''.
SEC. 1092. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Board.--The term ``Board'' means the Technology
Modernization Board established under section 1094(c)(1).
(3) Cloud computing.--The term ``cloud computing'' has the
meaning given the term by the National Institute of Standards
and Technology in NIST Special Publication 800-145 and any
amendatory or superseding document thereto.
(4) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(5) Fund.--The term ``Fund'' means the Technology
Modernization Fund established under section 1094(b)(1).
(6) Information technology.--The term ``information
technology'' has the meaning given the term in section 3502
of title 44, United States Code.
(7) IT working capital fund.--The term ``IT working capital
fund'' means an information technology system modernization
and working capital fund established under section
1093(b)(1).
(8) Legacy information technology system.--The term
``legacy information technology system'' means an outdated or
obsolete system of information technology.
SEC. 1093. ESTABLISHMENT OF AGENCY INFORMATION TECHNOLOGY
SYSTEMS MODERNIZATION AND WORKING CAPITAL
FUNDS.
(a) Definition.--In this section, the term ``covered
agency'' means each agency listed in section 901(b) of title
31, United States Code.
(b) Information Technology System Modernization and Working
Capital Funds.--
(1) Establishment.--The head of a covered agency may
establish within the covered agency an information technology
system modernization and working capital fund for necessary
expenses described in paragraph (3).
(2) Source of funds.--The following amounts may be
deposited into an IT working capital fund:
(A) Reprogramming and transfer of funds made available in
appropriations Acts enacted after the date of enactment of
this Act, including the transfer of any funds for the
operation and maintenance of legacy information technology
systems, in compliance with any applicable reprogramming law
or guidelines of the Committees on Appropriations of the
Senate and the House of Representatives or transfer authority
specifically provided in appropriations law.
(B) Amounts made available to the IT working capital fund
through discretionary appropriations made available after the
date of enactment of this Act.
(3) Use of funds.--An IT working capital fund established
under paragraph (1) may only be used--
(A) to improve, retire, or replace existing information
technology systems in the covered agency to enhance
cybersecurity and to improve efficiency and effectiveness
across the life of a given workload, procured using full and
open competition among all commercial items to the greatest
extent practicable;
(B) to transition legacy information technology systems at
the covered agency to commercial cloud computing and other
innovative commercial platforms and technologies, including
those serving more than 1 covered agency with common
requirements;
(C) to assist and support covered agency efforts to provide
adequate, risk-based, and cost-effective information
technology capabilities that address evolving threats to
information security;
(D) to reimburse funds transferred to the covered agency
from the Fund with the approval of the Chief Information
Officer, in consultation with the Chief Financial Officer, of
the covered agency; and
(E) for a program, project, or activity or to increase
funds for any program, project, or activity that has not been
denied or restricted by Congress.
(4) Existing funds.--An IT working capital fund may not be
used to supplant funds provided for the operation and
maintenance of any system within an appropriation for the
covered agency at the time of establishment of the IT working
capital fund.
(5) Prioritization of funds.--The head of each covered
agency--
(A) shall prioritize funds within the IT working capital
fund of the covered agency to be used initially for cost
savings activities approved by the Chief Information Officer
of the covered agency; and
(B) may reprogram and transfer any amounts saved as a
direct result of the cost savings activities approved under
clause (i) for deposit into the IT working capital fund of
the covered agency, consistent with paragraph (2)(A).
(6) Availability of funds.--
(A) In general.--Any funds deposited into an IT working
capital fund shall be available for obligation for the 3-year
period beginning on the last day of the fiscal year in which
the funds were deposited.
(B) Transfer of unobligated amounts.--Any amounts in an IT
working capital fund that are unobligated at the end of the
3-year period described in subparagraph (A) shall be
transferred to the general fund of the Treasury.
(7) Agency cio responsibilities.--In evaluating projects to
be funded by the IT working capital fund of a covered agency,
the Chief Information Officer of the covered agency shall
consider, to the extent applicable, guidance issued under
section 1094(b)(1) to evaluate applications for funding from
the Fund that include factors including a strong business
case, technical design, consideration of commercial off-the-
shelf products and services, procurement strategy (including
adequate use of rapid, iterative software development
practices), and program management.
(c) Reporting Requirement.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and every 6 months thereafter, the
head of each covered agency shall submit to the Director,
with respect to the IT working capital fund of the covered
agency--
(A) a list of each information technology investment
funded, including the estimated cost and completion date for
each investment; and
(B) a summary by fiscal year of obligations, expenditures,
and unused balances.
(2) Public availability.--The Director shall make the
information submitted under paragraph (1) publicly available
on a website.
SEC. 1094. ESTABLISHMENT OF TECHNOLOGY MODERNIZATION FUND AND
BOARD.
(a) Definition.--In this section, the term ``agency'' has
the meaning given the term in section 551 of title 5, United
States Code.
(b) Technology Modernization Fund.--
(1) Establishment.--There is established in the Treasury a
Technology Modernization Fund for technology-related
activities, to improve information technology, to enhance
cybersecurity across the Federal Government, and to be
administered in accordance with guidance issued by the
Director.
(2) Administration of fund.--The Administrator, in
consultation with the Chief Information Officers Council and
with the approval of the Director, shall administer the Fund
in accordance with this subsection.
(3) Use of funds.--The Administrator shall, in accordance
with recommendations from the Board, use amounts in the
Fund--
(A) to transfer such amounts, to remain available until
expended, to the head of an agency for the acquisition of
products and services, or the development of such products
and services when more efficient and cost effective, to
improve, retire, or replace existing Federal information
technology systems to enhance cybersecurity and privacy and
improve long-term efficiency and effectiveness;
(B) to transfer such amounts, to remain available until
expended, to the head of an agency for the operation and
procurement of information technology products and services,
or the development of such products and services when more
efficient and cost effective, 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--
(i) the activities described in subparagraph (A) or (B);
and
(ii) the Board and the Director in carrying out the
responsibilities described in subsection (c)(2); and
(D) to fund only programs, projects, or activities or to
fund increases for any programs, projects, or activities that
have not been denied or restricted by Congress.
(4) Authorization of appropriations; credits; availability
of funds.--
(A) Authorization of appropriations.--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 credited with all
reimbursements, advances, or refunds or recoveries relating
to information technology or services provided for the
purposes described in paragraph (3).
(C) Availability of funds.--Amounts deposited, credited, or
otherwise made available to the Fund shall be available until
expended for the purposes described in paragraph (3).
(5) Reimbursement.--
(A) Reimbursement by agency.--
(i) In general.--The head of an agency shall reimburse the
Fund for any transfer made under subparagraph (A) or (B) of
paragraph (3), including any services or work performed in
support of the transfer under paragraph (3)(C), in accordance
with the terms established in a written agreement described
in paragraph (6).
(ii) Reimbursement from subsequent appropriations.--
Notwithstanding any other provision of law, an agency may
make a reimbursement required under clause (i) from any
appropriation made available after the date of enactment of
this Act for information technology activities, consistent
with
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any applicable reprogramming law or guidelines of the
Committees on Appropriations of the Senate and the House of
Representatives.
(iii) Recording of obligation.--Notwithstanding section
1501 of title 31, United States Code, an obligation to make a
payment under a written agreement described in paragraph (6)
in a fiscal year after the date of enactment of this Act
shall be recorded in the fiscal year in which the payment is
due.
(B) Prices fixed by administrator.--
(i) In general.--The Administrator, in consultation with
the Director, shall establish amounts to be paid by an agency
under this paragraph and the terms of repayment for
activities funded under paragraph (3), including any services
or work performed in support of that development under
paragraph (3)(C), at levels sufficient to ensure the solvency
of the Fund, including operating expenses.
(ii) Review and approval.--Before making any changes to the
established amounts and terms of repayment, the Administrator
shall conduct a review and obtain approval from the Director.
(C) Failure to make timely reimbursement.--The
Administrator may obtain reimbursement from an agency under
this paragraph by the issuance of transfer and
counterwarrants, or other lawful transfer documents,
supported by itemized bills, if payment is not made by the
agency during the 90-day period beginning after the
expiration of a repayment period described in a written
agreement described in paragraph (6).
(6) Written agreement.--
(A) In general.--Before the transfer of funds to an agency
under subparagraphs (A) and (B) of paragraph (3), the
Administrator, in consultation with the Director, and the
head of the agency shall enter into a written agreement--
(i) documenting the purpose for which the funds will be
used and the terms of repayment, which may not exceed 5 years
unless approved by the Director; and
(ii) which shall be recorded as an obligation as provided
in paragraph (5)(A).
(B) Requirement for use of incremental funding, commercial
products and services, and rapid, iterative development
practices.--The Administrator shall ensure--
(i) for any funds transferred to an agency under paragraph
(3)(A), in the absence of compelling circumstances documented
by the Administrator at the time of transfer, that such funds
shall be transferred only on an incremental basis, tied to
metric-based development milestones achieved by the agency
through the use of rapid, iterative, development processes;
and
(ii) that the use of commercial products and services are
incorporated to the greatest extent practicable in activities
funded under subparagraphs (A) and (B) of paragraph (3), and
that the written agreement required under paragraph (6)
documents this preference.
(7) Reporting requirements.--
(A) List of projects.--
(i) In general.--Not later than 6 months after the date of
enactment of this Act, the Director shall maintain a list of
each project funded by the Fund, to be updated not less than
quarterly, that includes a description of the project,
project status (including any schedule delay and cost
overruns), financial expenditure data related to the project,
and the extent to which the project is using commercial
products and services, including if applicable, a
justification of why commercial products and services were
not used and the associated development and integration costs
of custom development.
(ii) Public availability.--The list required under clause
(i) shall be published on a public website in a manner that
is, to the greatest extent possible, consistent with
applicable law on the protection of classified information,
sources, and methods.
(B) Comptroller general reports.--Not later than 2 years
after the date of enactment of this Act, and every 2 years
thereafter, the Comptroller General of the United States
shall submit to Congress and make publically available a
report assessing--
(i) the costs associated with establishing the Fund and
maintaining the oversight structure associated with the Fund
compared with the cost savings associated with the projects
funded both annually and over the life of the acquired
products and services by the Fund;
(ii) the reliability of the cost savings estimated by
agencies associated with projects funded by the Fund;
(iii) whether agencies receiving transfers of funds from
the Fund used full and open competition to acquire the custom
development of information technology products or services;
and
(iv) the number of IT procurement, development, and
modernization programs, offices, and entities in the Federal
Government, including 18F and the United States Digital
Services, the roles, responsibilities, and goals of those
programs and entities, and the extent to which they duplicate
work.
(c) Technology Modernization Board.--
(1) Establishment.--There is established a Technology
Modernization Board to evaluate proposals submitted by
agencies for funding authorized under the Fund.
(2) Responsibilities.--The responsibilities of the Board
are--
(A) to 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 those
proposals are evaluated, which shall include--
(i) addressing the greatest security, privacy, and
operational risks;
(ii) having the greatest Governmentwide impact; and
(iii) having a high probability of success based on factors
including a strong business case, technical design,
consideration of commercial off-the-shelf products and
services, procurement strategy (including adequate use of
rapid, agile iterative software development practices), and
program management;
(B) to make recommendations to the Administrator 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;
(C) to review and prioritize, with the assistance of the
Administrator and the Director, modernization proposals based
on criteria established pursuant to subparagraph (A);
(D) to identify, with the assistance of the Administrator,
opportunities to improve or replace multiple information
technology systems with a smaller number of information
technology services common to multiple agencies;
(E) to recommend the funding of modernization projects, in
accordance with the uses described in subsection (b)(3), to
the Administrator;
(F) to monitor, in consultation with the Administrator,
progress and performance in executing approved projects and,
if necessary, recommend the suspension or termination of
funding for projects based on factors including the failure
to meet the terms of a written agreement described in
subsection (b)(6); and
(G) to monitor the operating costs of the Fund.
(3) Membership.--The Board shall consist of 7 voting
members.
(4) Chair.--The Chair of the Board shall be the
Administrator of the Office of Electronic Government.
(5) Permanent members.--The permanent members of the Board
shall be--
(A) the Administrator of the Office of Electronic
Government; and
(B) a senior official from the General Services
Administration having technical expertise in information
technology development, appointed by the Administrator, with
the approval of the Director.
(6) Additional members of the board.--
(A) Appointment.--The other members of the Board shall be--
(i) 1 employee of the National Protection and Programs
Directorate of the Department of Homeland Security, appointed
by the Secretary of Homeland Security; and
(ii) 4 employees of the Federal Government primarily having
technical expertise in information 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
not more than 4 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 and the Administrator may detail, on a reimbursable
or nonreimbursable basis, any employee of the Federal
Government to the Board to assist the Board in carrying out
the functions of the Board.
(d) Responsibilities of Administrator.--
(1) In general.--In addition to the responsibilities
described in subsection (b), the Administrator 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 are--
(A) to provide direct technical support in the form of
personnel services or otherwise to agencies transferred
amounts under subsection (b)(3)(A) and for products,
services, and acquisition vehicles funded under subsection
(b)(3)(B);
(B) to assist the Board with the evaluation,
prioritization, and development of agency modernization
proposals.
(C) to 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) to provide the Director with information necessary to
meet the requirements of subsection (b)(7).
(e) Effective Date.--This section shall take effect on the
date that is 90 days after the date of enactment of this Act.
(f) Sunset.--
(1) In general.--On and after the date that is 2 years
after the date on which the Comptroller General of the United
States issues the third report required under subsection
(b)(7)(B), the Administrator may not award or transfer funds
from the Fund for any project that is not already in progress
as of such date.
(2) Transfer of unobligated amounts.--Not later than 90
days after the date on which all projects that received an
award from the Fund are completed, any amounts
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in the Fund shall be transferred to the general fund of the
Treasury and shall be used for deficit reduction.
(3) Termination of technology modernization board.--Not
later than 90 days after the date on which all projects that
received an award from the Fund are completed, the Technology
Modernization Board and all the authorities of subsection (c)
shall terminate.
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