,,ii #aagth ,,congress #b;d ,session ,s4 #dijh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ba1 #bjbb,mr4 ,peters 7for himself and ,mr4 ,cassidy7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to improve the visibility1 accountability1 and oversight of agency software asset management practices1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,strengthening ,agency ,management and ,oversight of ,software ,assets ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of ,general ,services4 7#b7 ,agency ,the term agency has the meaning given the term establishment in section #ab of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app474 7#c7 ,cloud computing ,the term cloud computing has the meaning given the term in ,special ,publication #hjj-ade of the ,national ,institute of ,standards and ,technology1 or any successor document4 7#d7 ,cloud service provider ,the term cloud service provider means an entity offering cloud computing products or services to agencies4 7#e7 ,comprehensive assessment ,the term comprehensive assessment means a comprehensive assessment conducted pursuant to section #c7;a74 7#f7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7#g7 ,plan ,the term plan means the plan developed by a ,chief ,information ,officer1 or equivalent official1 pursuant to section #d7;a74 7#h7 ,software entitlement ,the term software entitlement means any software that-- 7,a7 has been purchased1 leased1 or licensed by or billed to an agency under any contract or other business arrangement2 and 7,b7 is subject to use limitations4 7#i7 ,software inventory ,the term software inventory means the software inventory of an agency required pursuant to-- 7,a7 section #b7;b77#b77;,a7 of the ,making ,electronic ,government ,accountable ,by ,yielding ,tangible ,efficiencies ,act of #bjaf 7#dj ,u4,s4,c4 #aacjb note2 ,public ,law #aad-baj72 or 7,b7 subsequent guidance issued by the ,director of the ,office of ,management and ,budget pursuant to that ,act4 #c4 ,software entitlement and inventory integrity 7a7 ,in general ,as soon as practicable1 and not later than #a year after the date of enactment of this ,act1 the ,chief ,information ,officer of each agency1 in consultation with the ,chief ,financial ,officer1 the ,chief ,procurement ,officer1 and ,general ,counsel of the agency1 or the equivalent officials of the agency1 shall complete a comprehensive assessment of the software entitlements and software inventories of the agency1 which shall include-- 7#a7 the current software inventory of the agency1 including software entitlements1 contracts and other agreements or arrangements of the agency1 and a list of the largest software entitlements of the agency separated by vendor2 7#b7 a comprehensive1 detailed accounting of-- 7,a7 any software deployed for the agency as of the date of the comprehensive assessment1 including1 to the extent identifiable1 the contracts and other agreements or arrangements that the agency uses to acquire1 deploy1 or use such software2 7,b7 information and data on software entitlements-- 7i7 for which the agency pays2 7ii7 that are not deployed or in use by the agency2 and 7iii7 that are billed to the agency under any contract or business arrangement that creates redundancy in the deployment or use by the agency2 and 7,c7 the extent-- 7i7 to which any software paid for1 in use1 or deployed throughout the agency is interoperable2 and 7ii7 of the efforts of the agency to improve interoperability of software assets throughout the agency enterprise2 7#c7 a categorization of software licenses of the agency by costs and volume2 7#d7 a list of any provisions in the software licenses of the agency that may restrict how the software can be deployed or accessed1 either on desktop or server hardware or through a cloud service provider2 and 7#e7 an analysis addressing-- 7,a7 the accuracy and completeness of the software inventory and software entitlements of the agency before and after the comprehensive assessment2 7,b7 management by the agency of and compliance by the agency with all contracts or other agreements or arrangements that include or implicate software licensing or software management within the agency2 7,c7 the extent to which the agency accurately captures the total costs of enterprise licenses agreements and related costs2 and 7,d7 compliance with software license management policies of the agency4 7b7 ,contract support 7#a7 ,authority ,the head of an agency may enter into #a or more contracts to support the requirements of subsection 7a74 7#b7 ,no conflict of interest ,contracts under paragraph 7#a7 shall not include contractors with organization conflicts of interest4 7#c7 ,operational independence ,over the course of a comprehensive assessment1 contractors hired pursuant to paragraph 7#a7 shall maintain operational independence from the integration1 management1 and operations of the software inventory and software entitlements of the agency4 7c7 ,submission ,on the date on which the ,chief ,information ,officer1 ,chief ,financial ,officer1 ,chief ,procurement ,officer1 and ,general ,counsel of an agency1 or the equivalent officials of the agency1 complete the comprehensive assessment1 and not later than #a year after the date of enactment of this ,act1 the ,chief ,information ,officer shall submit the comprehensive assessment to-- 7#a7 the head of the agency2 7#b7 the ,director2 7#c7 the ,administrator2 7#d7 the ,comptroller ,general of the ,united ,states2 7#e7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7#f7 the ,committee on ,oversight and ,reform of the ,house of ,representatives4 7d7 ,consultation ,in order to ensure the utility and standardization of the comprehensive assessment of each agency1 including to support the development of each plan and the governmentwide strategy described in section #e1 the ,director1 in consultation with the ,administrator1 may share information1 best practices1 and recommendations relating to the activities performed in the course of a comprehensive assessment of an agency4 #d4 ,enterprise ,licensing ,positioning at ,agencies 7a7 ,in general ,the ,chief ,information ,officer of each agency1 in consultation with the ,chief ,financial ,officer and the ,chief ,procurement ,officer of the agency1 or the equivalent officials of the agency1 shall use the information developed pursuant to the comprehensive assessment of the agency under section #c7;a7 to develop a plan for the agency to-- 7#a7 consolidate software licenses of the agency2 and 7#b7 to the greatest extent practicable1 in order to improve the performance of1 or reduce unnecessary costs to1 the agency1 adopt enterprise license agreements across the agency4 7b7 ,plan requirements ,the plan of an agency shall-- 7#a7 include a detailed strategy for-- 7,a7 the remediation of any software asset management deficiencies found during the comprehensive assessment of the agency2 7,b7 the ongoing maintenance of software asset management upon the completion of the remediation2 and 7,c7 maximizing the effectiveness of software deployed by the agency1 including1 to the extent practicable1 leveraging technologies that-- 7i7 provide in-depth analysis of user behaviors and collect user feedback2 7ii7 measure actual software usage via analytics that can identify inefficiencies to assist in rationalizing software spending2 7iii7 allow for segmentation of the user base2 and 7iv7 support effective governance and compliance in the use of software2 7#b7 identify not fewer than #e categories of software the agency will prioritize for conversion to enterprise licenses as the software entitlements1 contracts1 and other agreements or arrangements for those categories come up for renewal or renegotiation2 7#c7 provide an estimate of the costs to move to enterprise1 open-source1 or other licenses that do not restrict the use of software by the agency1 and any projected cost savings or efficiency measures2 7#d7 identify potential mitigations to minimize software license restrictions on how such software can be deployed or accessed1 either on desktop or server hardware or through a cloud service provider2 7#e7 include any estimates for additional resources1 services1 or support the agency may need to execute the enterprise licensing position plan2 and 7#f7 include any additional information1 data1 or analysis determined necessary by the ,chief ,information ,officer1 or other equivalent official1 of the agency4 7c7 ,support ,the ,chief ,information ,officer1 or other equivalent official1 of an agency may request support from the ,director and the ,administrator for any analysis or developmental needs to create the plan of the agency4 7d7 ,submission ,not later than #abj days after the date on which the ,chief ,information ,officer1 or other equivalent official1 of an agency submits the comprehensive assessment pursuant to section #c7;c71 the head of the agency shall submit to the ,director1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,committee on ,oversight and ,reform of the ,house of ,representatives the plan of the agency4 #e4 ,governmentwide strategy 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,director1 in consultation with the ,administrator and the ,federal ,chief ,information ,officers ,council1 shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,reform of the ,house of ,representatives a strategy that includes-- 7#a7 proposals to support the adoption of governmentwide enterprise licenses on the most widely used and most costly software entitlements identified through the comprehensive assessment and plans1 including1 where appropriate1 a cost-benefit analysis2 7#b7 opportunities to leverage ,government procurement policies and practices to increase interoperability of software entitlements acquired and deployed to reduce costs and improve performance2 7#c7 the incorporation of data on spending by agencies on1 the performance of1 and management by agencies of software entitlements as part of the information required under section #aacjb7;c77#c77;,b7 of title #dj1 ,united ,states ,code2 7#d7 where applicable1 directions to agencies to transition to open-source software to obtain cost savings and performance improvement2 and 7#e7 any other information or data collected or analyzed by the ,director4 7b7 ,budget ,submission 7#a7 ,first budget ,with respect to the first budget of the ,president submitted under section #aaje7;a7 of title #ca1 ,united ,states ,code1 on or after the date that is #b years after the date of enactment of this ,act1 the ,director shall ensure that the strategy required under subsection 7a7 of this section and the plan of each agency are included in the budget justification materials of each agency submitted in conjunction with that budget4 7#b7 ,subsequent #e budgets ,with respect to the first #e budgets of the ,president submitted under section #aaje7;a7 of title #ca1 ,united ,states ,code1 after the budget described in paragraph 7#a71 the ,director shall-- 7,a7 designate performance metrics for agencies for common software licensing1 management1 and cost criteria2 and 7,b7 ensure that the progress of each agency toward the performance metrics is included in the budget justification materials of the agency submitted in conjunction with that budget4 #f4 ,,gao report ,not later than #c years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,reform of the ,house of ,representatives a report on governmentwide trends1 comparisons among agencies1 and other analyses of plans and the strategy required under section #e7;a7 by the ,comptroller ,general of the ,united ,states4