[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4668 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4668
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
July 10, 2024
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, in accordance with recommendations
from the Board, 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) and before any services or
work are provided under paragraph
(3)(A)(ii)(I)'';
(II) in clause (i)--
(aa) by striking ``unless
approved by the Director''; and
(bb) 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''; 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'';
(D) in paragraph (7)--
(i) in subparagraph (A)(i)--
(I) by inserting ``the written
agreement entered into under paragraph
(6),'' after ``description of the
project,''; and
(II) by inserting ``(including
documented market research into
commercial products and services)''
after ``used'';
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking
``establishing''; and
(bb) 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 following: ``the amount
repaid to the Fund in
accordance with the terms
established in the written
agreements described in
paragraph (6);'';
(II) in clause (ii)--
(aa) by striking
``reliability of the cost
savings'' and inserting ``total
cost savings''; and
(bb) by striking the
semicolon and inserting ``;
and''; and
(III) in clause (iii), by striking
``; and'' and inserting a period; and
(IV) 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)''; and
(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 (c)--
(A) in paragraph (5)--
(i) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(ii) by inserting after subparagraph (B)
the following;
``(C) a senior official from the Cybersecurity and
Infrastructure Security Agency of the Department of
Homeland Security, appointed by the Director of the
Cybersecurity and Infrastructure Security Agency, with
the approval of the Director of the Office of
Management and Budget.''; and
(B) in paragraph (6)(A)--
(i) by striking ``shall be--'' and
inserting ``shall be 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.''; and
(ii) by striking clauses (i) and (ii);
(4) 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)''; and
(B) 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)'';
(5) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively;
(6) 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--
``(A) on or before the first September 30 that
occurs after the date of the enactment of the
Modernizing Government Technology Reform Act, a list of
high-risk legacy information technology systems used,
operated, or maintained by the agency, in accordance
with the guidance issued under paragraph (4); and
``(B) on or before September 30 of each year after
the first year in which the list is provided under
subparagraph (A), any updates to such list.
``(2) Legacy federal it inventory.--The Federal Chief
Information Officer shall--
``(A) on or before the first December 30 that
occurs after the date of the enactment of the
Modernizing Government Technology Reform Act, compile a
Legacy Federal IT Inventory on the basis of each list
provided by an agency Chief Information Officers under
paragraph (1)(A) that includes information about each
high-risk legacy information technology system used,
operated, or maintained by an agency; and
``(B) on or before December 30 each year after the
year in which the Legacy Federal IT Inventory is
compiled, update such Inventory on the basis of each
update to the list provided by an agency Chief
Information Officer under paragraph (1)(B).
``(3) 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 each agency Chief Information Officer,
update the list required by clause (i) on the
basis of each updates to the list provided by
agency Chief information Officers under