,,ii ,calendar ,no4 #fff #aahth ,,congress #b;d ,session ,h4 ,r4 #afie ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #e1 #bjbd,received2 read twice and placed on the calendar ,,an ,,act ,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 that term in section #cejb of title #dd1 ,united ,states ,code1 except that such term does not include an element of the intelligence community4 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 has the meaning given the term in section #cfjg7;b7 of title #dd1 ,united ,states ,code4 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 ,intelligence community ,the term intelligence community has the meaning given the term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 7#h7 ,plan ,the term plan means the plan developed by a ,chief ,information ,officer1 or equivalent official1 pursuant to section #d7;a74 7#i7 ,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#aj7 ,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 pursuant to that ,act4 #c4 ,software inventory update and expansion 7a7 ,in general ,as soon as practicable1 and not later than #ah months after the date of enactment of this ,act1 the ,chief ,information ,officer of each agency1 in consultation with the ,chief ,financial ,officer1 the ,chief ,acquisition ,officer1 the ,chief ,data ,officer1 and ,general ,counsel of the agency1 or the equivalent officials of the agency1 shall complete a comprehensive assessment of the software paid for by1 in use at1 or deployed throughout 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 provider and category of software2 7#b7 a comprehensive1 detailed accounting of-- 7,a7 any software used by or deployed within the agency1 including software developed or built by the agency1 or by another agency for use by the agency1 including shared services1 as of the date of the comprehensive assessment1 including1 to the extent identifiable1 the contracts and other agreements or arrangements used by the agency to acquire1 build1 deploy1 or use such software2 7,b7 information and data on software entitlements1 which shall include information on any additional fees or costs1 including fees or costs for the use of cloud services1 that are not included in the initial costs of the contract1 agreement1 or arrangement-- 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 duplication1 or are otherwise determined to be unnecessary by the ,chief ,information ,officer of the agency1 or the equivalent official1 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 entitlements of the agency by cost1 volume1 and type of software2 7#d7 a list of any provisions in the software entitlements of the agency that may restrict how the software can be deployed1 accessed1 or used1 including any such restrictions on desktop or server hardware1 through a cloud service provider1 or on data ownership or access2 and 7#e7 an analysis addressing-- 7,a7 the accuracy and completeness of the comprehensive assessment2 7,b7 agency management of and compliance with all contracts or other agreements or arrangements that include or reference software entitlements or software management within the agency2 7,c7 the extent to which the agency accurately captures the total cost of software entitlements and related costs1 including the total cost of upgrades over the life of a contract1 cloud usage costs1 and any other cost associated with the maintenance or servicing of contracts2 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 organizational conflicts of interest1 within the meaning given that term under subpart #i4e of the ,federal ,acquisition ,regulation4 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 ,acquisition ,officer1 the ,chief ,data ,officer1 and ,general ,counsel of an agency1 or the equivalent officials of the agency1 complete the comprehensive assessment1 the ,chief ,information ,officer shall submit the comprehensive assessment to the head of the agency4 7d7 ,subsequent submission ,not later than #cj days after the date on which the head of an agency receives the comprehensive assessment under subsection 7c71 the head of the agency shall submit the comprehensive assessment to-- 7#a7 the ,director2 7#b7 the ,administrator2 7#c7 the ,comptroller ,general of the ,united ,states2 7#d7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7#e7 the ,committee on ,oversight and ,accountability of the ,house of ,representatives4 7e7 ,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 report required under section #d7;e77#b71 the ,director1 in consultation with the ,administrator1 shall share information1 best practices1 and recommendations relating to the activities performed in the course of a comprehensive assessment of an agency4 7f7 ,intelligence community ,for each element of the intelligence community1 a comprehensive assessment described under subsection 7a7 shall be-- 7#a7 conducted separately2 7#b7 performed only by an entity designated by the head of the element of the intelligence community1 in accordance with appropriate applicable laws2 7#c7 performed in such a manner as to ensure appropriate protection of information which1 if disclosed1 may adversely affect national security2 and 7#d7 submitted in summary form1 not later than #cj days after the date on which the head of the element of the intelligence community receives the assessment1 by the head of the element of the intelligence community to-- 7,a7 the ,director2 7,b7 the ,select ,committee on ,intelligence of the ,senate2 and 7,c7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 #d4 ,software modernization planning at agencies 7a7 ,in general ,the ,chief ,information ,officer of each agency1 in consultation with the ,chief ,financial ,officer1 the ,chief ,acquisition ,officer1 the ,chief ,data ,officer1 and the ,general ,counsel of the agency1 or the equivalent officials of the agency1 shall use the information developed pursuant to the comprehensive assessment of the agency to develop a plan for the agency-- 7#a7 to consolidate software entitlements of the agency2 7#b7 to ensure that1 in order to improve the performance of1 and reduce unnecessary costs to1 the agency1 the ,chief ,information ,officer1 ,chief ,data ,officer1 and ,chief ,acquisition ,officer of the agency1 or the equivalent officers1 develop criteria and procedures for how the agency will adopt cost-effective acquisition strategies1 including enterprise licensing1 across the agency that reduce costs1 eliminate excess licenses1 and improve performance2 and 7#c7 to restrict the ability of a bureau1 program1 component1 or operational entity within the agency to acquire1 use1 develop1 or otherwise leverage any software entitlement 7or portion thereof7 without the approval of the ,chief ,information ,officer of the agency1 in consultation with the ,chief ,acquisition ,officer of the agency1 or the equivalent officers of 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 7,c7 automation of software license management processes and incorporation of discovery tools across the agency2 7,d7 ensuring that officers and employees of the agency are adequately trained in the policies1 procedures1 rules1 regulations1 and guidance relating to the software acquisition and development of the agency before entering into any agreement relating to any software entitlement 7or portion thereof7 for the agency1 including training on-- 7i7 negotiating options within contracts to address and minimize provisions that restrict how the agency may deploy1 access1 or use the software1 including restrictions on deployment1 access1 or use on desktop or server hardware and restrictions on data ownership or access2 7ii7 the differences between acquiring commercial software products and services and acquiring or building custom software2 and 7iii7 determining the costs of different types of licenses and options for adjusting licenses to meet increasing or decreasing demand2 and 7,e7 maximizing the effectiveness of software deployed by the agency1 including1 to the extent practicable1 leveraging technologies that-- 7i7 measure actual software usage via analytics that can identify inefficiencies to assist in rationalizing software spending2 7ii7 allow for segmentation of the user base2 7iii7 support effective governance and compliance in the use of software2 and 7iv7 support interoperable capabilities between software2 7#b7 identify categories of software the agency could prioritize for conversion to more cost-effective software licenses1 including enterprise licenses1 as the software entitlements1 contracts1 and other agreements or arrangements come up for renewal or renegotiation2 7#c7 provide an estimate of the costs to move toward more enterprise1 open-source1 or other licenses that do not restrict the use of software by the agency1 and the projected cost savings1 efficiency measures1 and improvements to agency performance throughout the total software lifecycle2 7#d7 identify potential mitigations to minimize software license restrictions on how such software can be deployed1 accessed1 or used1 including any mitigations that would minimize any such restrictions on desktop or server hardware1 through a cloud service provider1 or on data ownership or access2 7#e7 ensure that the purchase by the agency of any software is based on publicly available criteria that are not unduly structured to favor any specific vendor1 unless prohibited by law 7including regulation72 7#f7 include any estimates for additional resources1 services1 or support the agency may need to implement the plan2 7#g7 provide information on the prevalence of software products in use across multiple software categories2 and 7#h7 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 ,agency submission 7#a7 ,in general ,not later than #a year after the date on which the head of an agency submits the comprehensive assessment pursuant to section #c7;d71 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 ,accountability of the ,house of ,representatives the plan of the agency4 7#b7 ,intelligence community ,not later than #a year after the date on which the head of an element of the intelligence community submits the summary assessment pursuant to section #c7;f77#d71 the head of the element shall separately submit the plan of the element to the ,director1 the ,select ,committee on ,intelligence of the ,senate1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7e7 ,consultation and coordination ,the ,director-- 7#a7 in coordination with the ,administrator1 the ,chief ,information ,officers ,council1 the ,chief ,acquisition ,officers ,council1 the ,chief ,data ,officers ,council1 the ,chief ,financial ,officers ,council1 and other government and industry representatives identified by the ,director1 shall establish processes1 using existing reporting functions1 as appropriate1 to identify1 define1 and harmonize common definitions1 terms and conditions1 standardized requirements1 and other information and criteria to support agency heads in developing and implementing the plans required by this section2 and 7#b7 in coordination with the ,administrator1 and not later than #b years after the date of enactment of this ,act1 submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,accountability of the ,house of ,representatives a report detailing recommendations to leverage ,government procurement policies and practices with respect to software acquired by1 developed by1 deployed within1 or in use at #a or more agencies to-- 7,a7 increase the interoperability of software licenses1 including software entitlements and software built by ,government agencies2 7,b7 consolidate licenses1 as appropriate2 7,c7 reduce costs2 7,d7 improve performance2 and 7,e7 modernize the management and oversight of software entitlements and software built by ,government agencies1 as identified through an analysis of agency plans4 #e4 ,,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 ,accountability of the ,house of ,representatives a report on-- 7#a7 ,government-wide trends in agency software asset management practices2 7#b7 comparisons of software asset management practices among agencies2 7#c7 the establishment by the ,director of processes to identify1 define1 and harmonize common definitions1 terms1 and conditions under section #d7;e72 7#d7 agency compliance with the restrictions on contract support under section #c7;b72 and 7#e7 other analyses of and findings regarding the plans of agencies1 as determined by the ,comptroller ,general of the ,united ,states4 #f4 ,no additional funds ,no additional funds are authorized to be appropriated for the purpose of carrying out this ,act4 ,passed the ,house of ,representatives ,december #d1 #bjbd4,kevin ,f4 ,mc,cumber1,clerk4 ,december #e1 #bjbd,received2 read twice and placed on the calendar