HR 2985
Modernizing Government Technology Reform Act
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Bill overview
The Modernizing Government Technology Reform Act aims to improve the Technology Modernization Fund (TMF) by aligning its use with original congressional intent. It mandates that the TMF prioritizes modernizing, retiring, or replacing legacy IT systems, enhancing cybersecurity, and improving agency efficiency. The bill also introduces stricter accountability measures, including penalties for fraudulent applications and requirements for agencies to repay funds, and establishes a framework for identifying and prioritizing high-risk legacy systems across the federal government.
Key provisions
- Prioritizes funding for modernizing, retiring, or replacing legacy IT systems.
- Requires the TMF to reimburse agencies for IT projects to ensure the fund remains operational until 2032.
- Imposes penalties for fraudulent applications to the TMF.
- Establishes a process for agencies to identify and report high-risk legacy IT systems.
- Requires agencies to provide a list of high-risk legacy systems to the Federal Chief Information Officer.
- Mandates repayment terms for agencies receiving TMF funds, linking repayment to agency milestones.
- Directs the Federal Chief Information Officer to compile a Legacy Federal IT Inventory.
- Requires the Director to issue guidance on implementing the requirements of the Act.
Who is affected
- Federal Agencies
- Department of Defense
- IT Professionals
- Government Contractors
- Taxpayers
Notable changes
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Gerald E. Connolly
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119th CONGRESS — 1st Session
H. R. 2985
IN THE HOUSE OF REPRESENTATIVES
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.
This Act may be cited as the Modernizing Government Technology Reform Act
.
Section 1078 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 40 U.S.C. 11301 note) is amended—
by amending paragraph (3) to read as follows:
The Administrator shall, in accordance with recommendations from the Board, use amounts in the Fund for the following:
modernize, retire, or replace legacy information technology systems used by the agency;
enhance cybersecurity and privacy at the agency;
improve long-term efficiency and effectiveness of agency information technology; or
improve the ability of the agency to perform the mission of the agency and deliver services to the public.
To provide services or work performed in support of—
the activities described in clause (i); and
the Board and the Director in carrying out the responsibilities described in subsection (c)(2).
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.
in paragraph (5)—
in subparagraph (A)—
in clause (i)—
by striking or (B)
; and
(3)(C)and inserting
(3)(A)(ii); and
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
in subparagraph (B)(i)—
by striking paragraph (3)(C)
and inserting paragraph (3)(A)(ii)
; and
the solvency of the Fund, including operating expensesand 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);
in paragraph (6)—
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)
;
by striking unless approved by the Director
; and
by striking ; and
and inserting a semicolon;
by redesignating clause (ii) as clause (iv); and
by inserting after clause (i) the following new clauses:
in subparagraph (B)—
by striking clause (i) and inserting the following:
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—
on an incremental basis, tied to metric-based development milestones achieved by the agency through the use of rapid, iterative, development processes; and
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
by striking subparagraphs (A) and (B) of paragraph (3)
and inserting paragraph (3)(A)(i)
; and
by striking paragraph (6)
and inserting this paragraph
;
in paragraph (7)—
the written agreement entered into under paragraph (6),after
description of the project,; and
(including documented market research into commercial products and services)after
used;
in subparagraph (B)—
in clause (i)—
by striking establishing
; and
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);
;
in clause (ii)—
by striking reliability of the cost savings
and inserting total cost savings
; and
by striking the semicolon and inserting ; and
; and
in clause (iii), by striking ; and
and inserting a period; and
by striking clause (iv);
in subsection (c)(2)—
in subparagraph (A)—
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
;
by redesignating clauses (i) through (iii) as clauses (ii) through (iv), respectively; and
by inserting before clause (ii), as so redesignated, the following new clause:
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
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
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)
;
in subsection (d)(2)—
subsection (b)(3)(A) and for products, services, and acquisition vehicles funded under subsection (b)(3)(B)and inserting
subsection (b)(3);
in subparagraph (B), by striking the period at the end and inserting a semicolon; and
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)
;
by redesignating subsections (e) and (f) as subsections (f) and (g), respectively;
by inserting after subsection (d) the following new subsection:
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.
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).
The Federal Chief Information Officer shall—
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 subparagraph (A) on the basis of each updates to the list provided by agency Chief information Officers under paragraph (1)(B).
such list (including any update made to such list under subparagraph (A)(ii)); and
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)).
Not later than 180 days after enactment of this Act, the Director shall issue guidance on implementing the requirements of this subsection that shall, at a minimum—
prescribe an appropriate format for list to be provided under paragraph (1)(A);
The Director may update the guidance issued under subparagraph (A) as the Director determines necessary.
The term agency Chief Information Officer means a Chief Information Officer designated under section 3506(a)(2) of title 44, United States Code.
The term Federal Chief Information Officer means the Administrator of the Office of Electronic Government.
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,
.