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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3306 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3306
To amend section 1078 of the National Defense Authorization Act for
Fiscal Year 2018 to increase the effectiveness of the Technology
Modernization Fund, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 2, 2025
Mr. Moran (for himself and Mr. Peters) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To amend section 1078 of the National Defense Authorization Act for
Fiscal Year 2018 to increase the effectiveness of the Technology
Modernization Fund, 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 ``Modernizing Government Technology
Reform Act''.
SEC. 2. REALIGNING USE OF FUNDS WITH ORIGINAL CONGRESSIONAL INTENT.
Section 1078 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 40 U.S.C. 11301 note) is amended--
(1) in subsection (b)--
(A) by amending paragraph (3) to read as follows:
``(3) Use of funds.--
``(A) In general.--The Administrator shall, in
accordance with recommendations from the Board, use
amounts in the Fund for the following:
``(i) To transfer such amounts, to remain
available until expended, to the head of an
agency for the acquisition, procurement, and
operation of information technology, or the
development of information technology when more
efficient and cost effective, to--
``(I) modernize, retire, or replace
legacy information technology systems
used by the agency;
``(II) enhance cybersecurity and
privacy at the agency;
``(III) improve long-term
efficiency and effectiveness of agency
information technology; or
``(IV) improve the ability of the
agency to perform the mission of the
agency and deliver services to the
public.
``(ii) To provide services or work
performed in support of--
``(I) the activities described in
clause (i); and
``(II) the Board and the Director
in carrying out the responsibilities
described in subsection (c)(2).
``(iii) 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.
``(iv) To transfer such amounts only for
programs, projects, or activities that will be
reimbursed to the Fund to the extent necessary
to ensure total amounts in the Fund are no less
than the amounts needed to keep the Fund
operational until the Fund sunsets pursuant to
subsection (g)(1).
``(B) Termination or suspension of funds.--The
Administrator shall, upon receiving a recommendation
from the Board under subsection (c)(2)(F), suspend or
terminate funding for any project with respect to which
the head of an agency provided fraudulent or misleading
statements about such project (including fraudulent
statements about technical design, the business case,
or program management with respect to the project) in
the application or proposal for amounts from the Fund
for such project.'';
(B) in paragraph (5)--
(i) in subparagraph (A)--
(I) in clause (i)--
(aa) by striking ``or
(B)''; and
(bb) by striking ``(3)(C)''
and inserting ``(3)(A)(ii)'';
and
(II) in clause (ii), by striking
``, consistent with any applicable
reprogramming law or guidelines of the
Committees on Appropriations of the
Senate and the House of
Representatives''; and
(ii) in subparagraph (B)(i)--
(I) by striking ``paragraph
(3)(C)'' and inserting ``paragraph
(3)(A)(ii)''; and
(II) by striking ``the solvency of
the Fund, including operating
expenses'' and inserting the following:
``total amounts in the Fund are no less
than the amounts needed to keep the
Fund operational until the Fund sunsets
pursuant to subsection (g)(1)'';
(C) in paragraph (6)--
(i) in subparagraph (A)--
(I) in the matter before clause
(i), by striking ``subparagraphs (A)
and (B) of paragraph (3)'' and
inserting the following: ``paragraph
(3)(A)(i)'';
(II) in clause (i), by striking ``;
and'' and inserting a semicolon;
(III) by redesignating clause (ii)
as clause (iv); and
(IV) by inserting after clause (i)
the following new clauses:
``(ii) which shall include terms of
repayment that require the head of the agency
to reimburse the Fund for funds transferred
under paragraph (3)(A)(i) at a level that
ensures total amounts in the Fund are no less
than the amounts needed to keep the Fund
operational until the Fund sunsets pursuant to
subsection (g)(1);
``(iii) which shall include terms of
repayment that require the head of the agency
to fully reimburse the Fund for any services or
work provided under paragraph (3)(A)(ii) in
direct support of the project; and'';
(ii) in subparagraph (B)--
(I) by striking clause (i) and
inserting the following:
``(i) for any funds transferred to an
agency under paragraph (3)(A)(i), in the
absence of compelling circumstances documented
by the Administrator at the time of transfer,
that such funds shall be transferred only--
``(I) on an incremental basis, tied
to metric-based development milestones
achieved by the agency through the use
of rapid, iterative, development
processes; and
``(II) after the head of the agency
has provided the Director any
information the Director is required to
report pursuant to paragraph (7)(A)(i);
and''; and
(II) in clause (ii)--
(aa) by striking
``subparagraphs (A) and (B) of
paragraph (3)'' and inserting
``paragraph (3)(A)(i)''; and
(bb) by striking
``paragraph (6)'' and inserting
``this paragraph''; and
(iii) by inserting at the end the
following:
``(C) Congressional requests for copy of written
agreement.--Not later than 10 days after receiving a
request from the Committee on Homeland Security and
Governmental Affairs of the Senate or the Committee on
Oversight and Government Reform of the House of
Representatives for a copy of a written agreement
entered into under subparagraph (A), the Director shall
provide such Committee with a copy of such written
agreement.''; and
(D) in paragraph (7)(B)--
(i) in the matter preceding clause (i), by
striking ``every 2 years thereafter'' and
inserting ``every 2 years thereafter until the
Board terminates pursuant to subsection
(g)(3)'';
(ii) in clause (i)--
(I) by striking ``establishing'';
and
(II) by striking ``the cost savings
associated with the projects funded
both annually and over the life of the
acquired products and services by the
Fund;'' and inserting ``the amount
repaid to the Fund in accordance with
the terms established in the written
agreements described in paragraph
(6);'';
(iii) in clause (ii)--
(I) by striking ``reliability of
the cost savings'' and inserting
``total cost savings''; and
(II) by striking the semicolon and
inserting ``; and'';
(iv) in clause (iii), by striking ``; and''
and inserting a period; and
(v) by striking clause (iv);
(2) in subsection (c)(2)--
(A) in subparagraph (A)--
(i) in clause (ii), by striking ``the
greatest Governmentwide impact; and'' and
inserting the following: ``the greatest impact
on modernizing, retiring, or replacing Federal
legacy information technology systems; and'';
(ii) by redesignating clauses (i) through
(iii) as clauses (ii) through (iv),
respectively; and
(iii) by inserting before clause (ii), as
so redesignated, the following new clause:
``(i) the ability for the head of the
agency to ensure repayment of funds transferred
from the Fund to the head of the agency, in
accordance with subsection (b);'';
(B) in subparagraph (D), by striking ``to improve
or replace multiple information technology systems''
and inserting the following: ``to modernize, retire, or
replace legacy information technology systems under
subsection (b)(3)(A)(i)'';
(C) in subparagraph (F), by inserting after
``subsection (b)(6)'' the following: ``or the
identification of fraudulent or misleading statements
about the project (including fraudulent statements
about technical design, the business case, or program
management with respect to the project) in the
application or proposal for amounts from the Fund for
the project''; and
(D) in subparagraph (G), by inserting after
``operating costs of the Fund'' the following: ``to
ensure total amounts in the Fund are no less than the
amounts needed to keep the Fund operational until the
Fund sunsets pursuant to subsection (g)(1)'';
(3) in subsection (d)(2)--
(A) in subparagraph (A), by striking ``subsection
(b)(3)(A) and for products, services, and acquisition
vehicles funded under subsection (b)(3)(B)'' and
inserting ``subsection (b)(3)'';
(B) in subparagraph (B), by striking the period at
the end and inserting a semicolon; and
(C) in subparagraph (C), by inserting after ``and
reduce waste'' the following: ``and ensure total
amounts in the Fund are no less than the amounts needed
to keep the Fund operational until the Fund sunsets
pursuant to subsection (g)(1)'';
(4) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively;
(5) by inserting after subsection (d) the following new
subsection:
``(e) Responsibilities of the Federal Chief Information Officer;
Agency Chief Information Officers.--
``(1) Agency inventory.--An agency Chief Information
Officer, in coordination with stakeholders and other agency
officials, shall provide to the Federal Chief Information
Officer in accordance with the guidance issued under paragraph
(3)--
``(A) not later than 180 days after the Director
issues the guidance under such paragraph, a list of
high-risk legacy information technology systems used,
operated, or maintained by the agency; and
``(B) within 1 year after the first year in which
the list is provided under subparagraph (A), and
annually thereafter, any updates to such list.
``(2) Prioritization list.--
``(A) Requirement.--The Federal Chief Information
Officer shall--
``(i) not later than 90 days after the date
on which the Federal Chief Information Officer
receives the list required by paragraph (1)(A)
from each agency Chief Information Officer,
compile, on the basis of each such list, a list
of 10 legacy information technology systems
that present the greatest security, privacy,
and operational risks to the Federal
Government; and
``(ii) not later than 90 days after the
date on which the Federal Chief Information
Officer receives updates under paragraph (1)(B)
from at least one agency Chief Information
Officer, update, as necessary, the list
required by subparagraph (A) on the basis of
each update to the list provided by agency
Chief information Officers under paragraph
(1)(B).
``(B) Report to congress.--Not later than 14 days
after the date on which the Federal Chief Information
Officer compiles the list required by subparagraph (A),
or updates such list, the Director shall submit to the
Committee on Homeland Security and Governmental Affairs
of the Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and
the Comptroller General of the United States, a report
(which may include a classified annex) containing--
``(i) such list (including any update made
to such list under subparagraph (A)(ii)); and
``(ii) each list provided by an agency
Chief Information Officer under paragraph
(1)(A) (including any update made to any such
list under paragraph (1)(B) and any information
included on the list pursuant to paragraph
(3)(A)(ii)).
``(3) Guidance.--
``(A) In general.--Not later than 180 days after
the date of enactment of the Modernizing Government
Technology Reform Act, the Director shall issue
guidance on implementing the requirements of this
subsection that shall, at a minimum--
``(i) prescribe an appropriate format for
the list to be provided under paragraph (1)(A);
``(ii) prescribe any additional information
to be included on such list;
``(iii) provide guidance on how an agency
Chief Information Officer should identify high-
risk legacy information technology systems
that, at least, requires agency Chief
Information Officers, in coordination with
other agency stakeholders, to identify as a
high-risk legacy information technology system
any outdated or obsolete system of information
technology that is critical to the agency such
that the loss or degradation of the system
would create a security, operational, or
privacy risk to the agency or would otherwise
impact the ability of the agency to perform the
mission of the agency, effectively deliver
programs, or conduct business; and
``(iv) provide guidance on how existing
reporting structures can be used to submit the
list under paragraph (1)(A).
``(B) Updates.--The Director may update the
guidance issued under subparagraph (A) as the Director
determines necessary.
``(4) Sunset.--This subsection shall cease to have effect
on the date that the Fund sunsets pursuant to subsection
(g)(1).
``(5) Definitions.--In this subsection:
``(A) Agency chief information officer.--The term
`agency Chief Information Officer' means a Chief
Information Officer designated under section 3506(a)(2)
of title 44, United States Code.
``(B) Federal chief information officer.--The term
`Federal Chief Information Officer' means the
Administrator of the Office of Electronic
Government.''; and
(6) in subsection (g)(1), as so redesignated, by striking
``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),'' and inserting
``After December 31, 2032,''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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