,,ii #aaith ,,congress #ast ,session ,s4 #ccjf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #b1 #bjbe,mr4 ,moran 7for himself and ,mr4 ,peters7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend section #ajgh of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjah to increase the effectiveness of the ,technology ,modernization ,fund1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,modernizing ,government ,technology ,reform ,act4 #b4 ,realigning use of funds with original congressional intent ,section #ajgh of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjah 7,public ,law #aae-ia2 #dj ,u4,s4,c4 #aacja note7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by amending paragraph 7#c7 to read as follows3 7#c7 ,use of funds 7,a7 ,in general ,the ,administrator shall1 in accordance with recommendations from the ,board1 use amounts in the ,fund for the following3 7i7 ,to transfer such amounts1 to remain available until expended1 to the head of an agency for the acquisition1 procurement1 and operation of information technology1 or the development of information technology when more efficient and cost effective1 to-- 7,i7 modernize1 retire1 or replace legacy information technology systems used by the agency2 7,,ii7 enhance cybersecurity and privacy at the agency2 7,,iii7 improve long-term efficiency and effectiveness of agency information technology2 or 7,,iv7 improve the ability of the agency to perform the mission of the agency and deliver services to the public4 7ii7 ,to provide services or work performed in support of-- 7,i7 the activities described in clause 7i72 and 7,,ii7 the ,board and the ,director in carrying out the responsibilities described in subsection 7c77#b74 7iii7 ,to fund only programs1 projects1 or activities1 or to fund increases for any programs1 projects1 or activities that have not been denied or restricted by ,congress4 7iv7 ,to transfer such amounts only for programs1 projects1 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 7g77#a74 7,b7 ,termination or suspension of funds ,the ,administrator shall1 upon receiving a recommendation from the ,board under subsection 7c77#b77;,f71 suspend or terminate funding for any project with respect to which the head of an agency provided fraudulent or misleading statements about such project 7including fraudulent statements about technical design1 the business case1 or program management with respect to the project7 in the application or proposal for amounts from the ,fund for such project4 2 7,b7 in paragraph 7#e7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7i7-- 7aa7 by striking or 7,b72 and 7bb7 by striking 7#c77;,c7 and inserting 7#c77;,a77ii72 and 7,,ii7 in clause 7ii71 by striking 1 consistent with any applicable reprogramming law or guidelines of the ,committees on ,appropriations of the ,senate and the ,house of ,representatives2 and 7ii7 in subparagraph 7,b77i7-- 7,i7 by striking paragraph 7#c77;,c7 and inserting paragraph 7#c77;,a77ii72 and 7,,ii7 by striking the solvency of the ,fund1 including operating expenses and inserting the following3 total amounts in the ,fund are no less than the amounts needed to keep the ,fund operational until the ,fund sunsets pursuant to subsection 7g77#a72 7,c7 in paragraph 7#f7-- 7i7 in subparagraph 7,a7-- 7,i7 in the matter before clause 7i71 by striking subparagraphs 7,a7 and 7,b7 of paragraph 7#c7 and inserting the following3 paragraph 7#c77;,a77i72 7,,ii7 in clause 7i71 by striking 2 and and inserting a semicolon2 7,,iii7 by redesignating clause 7ii7 as clause 7iv72 and 7,,iv7 by inserting after clause 7i7 the following new clauses3 7ii7 which shall include terms of repayment that require the head of the agency to reimburse the ,fund for funds transferred under paragraph 7#c77;,a77i7 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 7g77#a72 7iii7 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 7#c77;,a77ii7 in direct support of the project2 and 2 7ii7 in subparagraph 7,b7-- 7,i7 by striking clause 7i7 and inserting the following3 7i7 for any funds transferred to an agency under paragraph 7#c77;,a77i71 in the absence of compelling circumstances documented by the ,administrator at the time of transfer1 that such funds shall be transferred only-- 7,i7 on an incremental basis1 tied to metric-based development milestones achieved by the agency through the use of rapid1 iterative1 development processes2 and 7,,ii7 after the head of the agency has provided the ,director any information the ,director is required to report pursuant to paragraph 7#g77;,a77i72 and 2 and 7,,ii7 in clause 7ii7-- 7aa7 by striking subparagraphs 7,a7 and 7,b7 of paragraph 7#c7 and inserting paragraph 7#c77;,a77i72 and 7bb7 by striking paragraph 7#f7 and inserting this paragraph2 and 7iii7 by inserting at the end the following3 7,c7 ,congressional requests for copy of written agreement ,not later than #aj 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 7,a71 the ,director shall provide such ,committee with a copy of such written agreement4 2 and 7,d7 in paragraph 7#g77;,b7-- 7i7 in the matter preceding clause 7i71 by striking every #b years thereafter and inserting every #b years thereafter until the ,board terminates pursuant to subsection 7g77#c72 7ii7 in clause 7i7-- 7,i7 by striking establishing2 and 7,,ii7 by striking the cost savings associated with the projects funded both annually and over the life of the acquired products and services by the ,fund2 and inserting the amount repaid to the ,fund in accordance with the terms established in the written agreements described in paragraph 7#f722 7iii7 in clause 7ii7-- 7,i7 by striking reliability of the cost savings and inserting total cost savings2 and 7,,ii7 by striking the semicolon and inserting 2 and2 7iv7 in clause 7iii71 by striking 2 and and inserting a period2 and 7v7 by striking clause 7iv72 7#b7 in subsection 7c77#b7-- 7,a7 in subparagraph 7,a7-- 7i7 in clause 7ii71 by striking the greatest ,governmentwide impact2 and and inserting the following3 the greatest impact on modernizing1 retiring1 or replacing ,federal legacy information technology systems2 and2 7ii7 by redesignating clauses 7i7 through 7iii7 as clauses 7ii7 through 7iv71 respectively2 and 7iii7 by inserting before clause 7ii71 as so redesignated1 the following new clause3 7i7 the ability for the head of the agency to ensure repayment of funds transferred from the ,fund to the head of the agency1 in accordance with subsection 7b72 2 7,b7 in subparagraph 7,d71 by striking to improve or replace multiple information technology systems and inserting the following3 to modernize1 retire1 or replace legacy information technology systems under subsection 7b77#c77;,a77i72 7,c7 in subparagraph 7,f71 by inserting after subsection 7b77#f7 the following3 or the identification of fraudulent or misleading statements about the project 7including fraudulent statements about technical design1 the business case1 or program management with respect to the project7 in the application or proposal for amounts from the ,fund for the project2 and 7,d7 in subparagraph 7,g71 by inserting after operating costs of the ,fund the following3 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 7g77#a72 7#c7 in subsection 7d77#b7-- 7,a7 in subparagraph 7,a71 by striking subsection 7b77#c77;,a7 and for products1 services1 and acquisition vehicles funded under subsection 7b77#c77;,b7 and inserting subsection 7b77#c72 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting a semicolon2 and 7,c7 in subparagraph 7,c71 by inserting after and reduce waste the following3 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 7g77#a72 7#d7 by redesignating subsections 7e7 and 7f7 as subsections 7f7 and 7g71 respectively2 7#e7 by inserting after subsection 7d7 the following new subsection3 7e7 ,responsibilities of the ,federal ,chief ,information ,officer2 agency ,chief ,information ,officers 7#a7 ,agency inventory ,an agency ,chief ,information ,officer1 in coordination with stakeholders and other agency officials1 shall provide to the ,federal ,chief ,information ,officer in accordance with the guidance issued under paragraph 7#c7-- 7,a7 not later than #ahj days after the ,director issues the guidance under such paragraph1 a list of high-risk legacy information technology systems used1 operated1 or maintained by the agency2 and 7,b7 within #a year after the first year in which the list is provided under subparagraph 7,a71 and annually thereafter1 any updates to such list4 7#b7 ,prioritization ,list 7,a7 ,requirement ,the ,federal ,chief ,information ,officer shall-- 7i7 not later than #ij days after the date on which the ,federal ,chief ,information ,officer receives the list required by paragraph 7#a77;,a7 from each agency ,chief ,information ,officer1 compile1 on the basis of each such list1 a list of #aj legacy information technology systems that present the greatest security1 privacy1 and operational risks to the ,federal ,government2 and 7ii7 not later than #ij days after the date on which the ,federal ,chief ,information ,officer receives updates under paragraph 7#a77;,b7 from at least one agency ,chief ,information ,officer1 update1 as necessary1 the list required by subparagraph 7,a7 on the basis of each update to the list provided by agency ,chief information ,officers under paragraph 7#a77;,b74 7,b7 ,report to ,congress ,not later than #ad days after the date on which the ,federal ,chief ,information ,officer compiles the list required by subparagraph 7,a71 or updates such list1 the ,director shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives1 and the ,comptroller ,general of the ,united ,states1 a report 7which may include a classified annex7 containing-- 7i7 such list 7including any update made to such list under subparagraph 7,a77ii772 and 7ii7 each list provided by an agency ,chief ,information ,officer under paragraph 7#a77;,a7 7including any update made to any such list under paragraph 7#a77;,b7 and any information included on the list pursuant to paragraph 7#c77;,a77ii774 7#c7 ,guidance 7,a7 ,in general ,not later than #ahj days after the date of enactment of the ,modernizing ,government ,technology ,reform ,act1 the ,director shall issue guidance on implementing the requirements of this subsection that shall1 at a minimum-- 7i7 prescribe an appropriate format for the list to be provided under paragraph 7#a77;,a72 7ii7 prescribe any additional information to be included on such list2 7iii7 provide guidance on how an agency ,chief ,information ,officer should identify high-risk legacy information technology systems that1 at least1 requires agency ,chief ,information ,officers1 in coordination with other agency stakeholders1 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 security1 operational1 or privacy risk to the agency or would otherwise impact the ability of the agency to perform the mission of the agency1 effectively deliver programs1 or conduct business2 and 7iv7 provide guidance on how existing reporting structures can be used to submit the list under paragraph 7#a77;,a74 7,b7 ,updates ,the ,director may update the guidance issued under subparagraph 7,a7 as the ,director determines necessary4 7#d7 ,sunset ,this subsection shall cease to have effect on the date that the ,fund sunsets pursuant to subsection 7g77#a74 7#e7 ,definitions ,in this subsection3 7,a7 ,agency ,chief ,information ,officer ,the term agency ,chief ,information ,officer means a ,chief ,information ,officer designated under section #cejf7;a77#b7 of title #dd1 ,united ,states ,code4 7,b7 ,federal chief information officer ,the term ,federal ,chief ,information ,officer means the ,administrator of the ,office of ,electronic ,government4 2 and 7#f7 in subsection 7g77#a71 as so redesignated1 by striking ,on and after the date that is #b years after the date on which the ,comptroller ,general of the ,united ,states issues the third report required under subsection 7b77#g77;,b71 and inserting ,after ,december #ca1 #bjcb14