§ 1077. ESTABLISHMENT OF AGENCY INFORMATION TECHNOLOGY SYSTEMS MODERNIZATION AND WORKING CAPITAL FUNDS.
718 words·~3 min read·
/usc/title-40/section-1077A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Definition .— In this section, the term ‘covered agency’ means each agency listed in section 901(b) of title 31 , United States Code. Information Technology System Modernization and Working Capital Funds.— 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). Source of funds .— The following amounts may be deposited into an IT working capital fund:
Reprogramming and transfer of funds made available in appropriations Acts enacted after the date of enactment of this Act [ Dec. 12, 2017 ], 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. Amounts made available to the IT working capital fund through discretionary appropriations made available after the date of enactment of this Act.
Use of funds .— An IT working capital fund established under paragraph
(1)may only be used— 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; 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; 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; 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 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. 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. Prioritization of funds .— The head of each covered agency— 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 may reprogram and transfer any amounts saved as a direct result of the cost savings activities approved under clause
(i)[probably should be “subparagraph (A)”] for deposit into the IT working capital fund of the covered agency, consistent with paragraph (2)(A). Availability of funds.— 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. 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. 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) [probably should be “1078(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. Reporting Requirement.— 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 list of each information technology investment funded, including the estimated cost and completion date for each investment; and a summary by fiscal year of obligations, expenditures, and unused balances. Public availability .— The Director shall make the information submitted under paragraph
(1)publicly available on a website.