S. 3306

115 S3306 IS: Modernizing Government Technology Reform Act
 U.S. Senate
 2025-12-02
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 3306  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.
1.
Short title
This Act may be cited as the   Modernizing Government Technology Reform Act  .
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, .