What This Bill Does
This bill requires federal agencies to complete a detailed review of all the software they own or rent and create a plan to manage it better. The bill also directs government leaders to develop a government-wide strategy for how agencies should buy and use software together to save money and work more efficiently.
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Who It Affects
- Federal agencies (any department or office of the federal government)
- Chief Information Officers (technology leaders) at federal agencies
- Chief Financial Officers at federal agencies
- Chief Acquisition Officers (purchasing leaders) at federal agencies
- Software companies selling to the government
- Congress (the Senate and House committees overseeing government operations)
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Key Provisions
- Each federal agency must complete a thorough inventory of all software it pays for, uses, or operates within 18 months. This inventory must identify which software costs the most, how it is being used, and what limitations exist on how it can be deployed or accessed. (Sec. 3(a))
- Agencies must identify software that is paid for but not being used, costs that are billed but not included in the original contract price, and areas where the same type of software is being used multiple times unnecessarily. (Sec. 3(a))
- Each agency must create a plan to consolidate software purchases, adopt cost-effective licensing strategies, and require approval from the Chief Information Officer before any part of the agency can purchase new software. (Sec. 4(a) and 4(a)(3))
- Within 2 years, government leaders must submit to Congress a report with recommendations on how agencies can buy software together to reduce costs, improve how different software works together, and reduce duplicate purchases. (Sec. 4(e)(2))
- Within 3 years, the Comptroller General (a government auditor) must report to Congress on trends in how agencies manage software, comparing practices across different agencies. (Sec. 5)
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What Changes
If this bill becomes law, federal agencies will be required to know exactly what software they own and how much they spend on it. Agencies will have to create written plans explaining how they will buy software more efficiently and will need approval from their technology leader before purchasing new software. The federal government will develop shared standards for how all agencies should manage software to reduce waste and save taxpayer money.
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Important Definitions
- **Software entitlement**: Any software that an agency has purchased, leased, or licensed under a contract and that has limits on how it can be used. (Sec. 2(8))
- **Cloud computing**: Internet-based computing services where data and programs are stored and run on remote servers rather than on individual computers. (Sec. 2(3))
- **Cloud service provider**: A company that sells cloud computing products or services to agencies. (Sec. 2(4))
- **Software inventory**: A list of all software an agency is required to keep track of under existing government law. (Sec. 2(9))
- **Comprehensive assessment**: The detailed review of software that each agency must complete. (Sec. 2(5))
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Effective Date
Not specified in bill text
II
Calendar No. 156
118TH CONGRESS
1ST SESSION
S. 931
[Report No. 118–73]
To improve the visibility, accountability, and oversight of agency software
asset management practices, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 22, 2023
Mr. PETERS (for himself, Mr. CASSIDY, Mr. HAGERTY, Mr. TILLIS, Ms.
ERNST, Mr. WYDEN, and Mr. HICKENLOOPER) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
JULY 25, 2023
Reported by Mr. PETERS, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To improve the visibility, accountability, and oversight of
agency software asset management practices, and for
other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
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SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Strengthening Agency
2
Management and Oversight of Software Assets Act’’.
3
SEC. 2. DEFINITIONS.
4
In this Act:
5
(1)
ADMINISTRATOR.—The
term
‘‘Adminis-
6
trator’’ means the Administrator of General Serv-
7
ices.
8
(2)
AGENCY.—The
term
‘‘agency’’
has
the
9
meaning given that term in section 3502 of title 44,
10
United States Code.
11
(3)
CLOUD
COMPUTING.—The
term
‘‘cloud
12
computing’’ has the meaning given the term in Spe-
13
cial Publication 800–145 of the National Institute of
14
Standards and Technology, or any successor docu-
15
ment.
16
(4)
CLOUD
SERVICE
PROVIDER.—The
term
17
‘‘cloud service provider’’ means an entity offering
18
cloud computing products or services to agencies.
19
(5) COMPREHENSIVE ASSESSMENT.—The term
20
‘‘comprehensive assessment’’ means a comprehensive
21
assessment conducted pursuant to section 3(a).
22
(6) DIRECTOR.—The term ‘‘Director’’ means
23
the Director of the Office of Management and Budg-
24
et.
25
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(7) PLAN.—The term ‘‘plan’’ means the plan
1
developed by a Chief Information Officer, or equiva-
2
lent official, pursuant to section 4(a).
3
(8)
SOFTWARE
ENTITLEMENT.—The
term
4
‘‘software entitlement’’ means any software that—
5
(A) has been purchased, leased, or licensed
6
by or billed to an agency under any contract or
7
other business arrangement; and
8
(B) is subject to use limitations.
9
(9) SOFTWARE INVENTORY.—The term ‘‘soft-
10
ware inventory’’ means the software inventory of an
11
agency required pursuant to—
12
(A) section 2(b)(2)(A) of the Making Elec-
13
tronic Government Accountable By Yielding
14
Tangible Efficiencies Act of 2016 (40 U.S.C.
15
11302 note; Public Law 114–210); or
16
(B) subsequent guidance issued by the Di-
17
rector pursuant to that Act.
18
SEC. 3. SOFTWARE ENTITLEMENT AND INVENTORY INTEG-
19
RITY.
20
(a) IN GENERAL.—As soon as practicable, and not
21
later than 1 year after the date of enactment of this Act,
22
the Chief Information Officer of each agency, in consulta-
23
tion with the Chief Financial Officer, the Chief Procure-
24
ment Officer, and General Counsel of the agency, or the
25
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equivalent officials of the agency, shall complete a com-
1
prehensive assessment of the software entitlements and
2
software inventories of the agency, which shall include—
3
(1) the current software inventory of the agen-
4
cy, including software entitlements, contracts and
5
other agreements or arrangements of the agency,
6
and a list of the largest software entitlements of the
7
agency separated by vendor and category of soft-
8
ware;
9
(2) a comprehensive, detailed accounting of—
10
(A) any software deployed for the agency
11
as of the date of the comprehensive assessment,
12
including, to the extent identifiable, the con-
13
tracts and other agreements or arrangements
14
that the agency uses to acquire, deploy, or use
15
such software;
16
(B) information and data on software enti-
17
tlements, which shall include information on
18
any additional fees or costs for the use of cloud
19
services that is not included in the initial costs
20
of the contract, agreement, or arrangement—
21
(i) for which the agency pays;
22
(ii) that are not deployed or in use by
23
the agency; and
24
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(iii) that are billed to the agency
1
under any contract or business arrange-
2
ment that creates redundancy in the de-
3
ployment or use by the agency; and
4
(C) the extent—
5
(i) to which any software paid for, in
6
use, or deployed throughout the agency is
7
interoperable; and
8
(ii) of the efforts of the agency to im-
9
prove interoperability of software assets
10
throughout the agency enterprise;
11
(3) a categorization of software licenses of the
12
agency by cost, volume, and type of software;
13
(4) a list of any provisions in the software li-
14
censes of the agency that may restrict how the soft-
15
ware can be deployed, accessed, or used, including
16
any such restrictions on desktop or server hardware
17
or through a cloud service provider; and
18
(5) an analysis addressing—
19
(A) the accuracy and completeness of the
20
software inventory and software entitlements of
21
the agency before and after the comprehensive
22
assessment;
23
(B) management by the agency of and
24
compliance by the agency with all contracts or
25
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other agreements or arrangements that include
1
or implicate software licensing or software man-
2
agement within the agency;
3
(C) the extent to which the agency accu-
4
rately captures the total cost of enterprise li-
5
censes agreements and related costs, including
6
the total cost of upgrades over the life of a con-
7
tract, cloud usage cost per user, and any other
8
cost associated with the maintenance or serv-
9
icing of contracts; and
10
(D) compliance with software license man-
11
agement policies of the agency.
12
(b) CONTRACT SUPPORT.—
13
(1) AUTHORITY.—The head of an agency may
14
enter into 1 or more contracts to support the re-
15
quirements of subsection (a).
16
(2) NO
CONFLICT
OF
INTEREST.—Contracts
17
under paragraph (1) shall not include contractors
18
with organization conflicts of interest.
19
(3) OPERATIONAL INDEPENDENCE.—Over the
20
course of a comprehensive assessment, contractors
21
hired pursuant to paragraph (1) shall maintain oper-
22
ational independence from the integration, manage-
23
ment, and operations of the software inventory and
24
software entitlements of the agency.
25
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(c) SUBMISSION.—On the date on which the Chief In-
1
formation Officer, Chief Financial Officer, Chief Procure-
2
ment Officer, and General Counsel of an agency, or the
3
equivalent officials of the agency, complete the comprehen-
4
sive assessment, and not later than 1 year after the date
5
of enactment of this Act, the Chief Information Officer
6
shall submit the comprehensive assessment to—
7
(1) the head of the agency;
8
(2) the Director;
9
(3) the Administrator;
10
(4) the Comptroller General of the United
11
States;
12
(5) the Committee on Homeland Security and
13
Governmental Affairs of the Senate; and
14
(6) the Committee on Oversight and Account-
15
ability of the House of Representatives.
16
(d) CONSULTATION.—In order to ensure the utility
17
and standardization of the comprehensive assessment of
18
each agency, including to support the development of each
19
plan and the Government-wide strategy described in sec-
20
tion 5, the Director, in consultation with the Adminis-
21
trator, may share information, best practices, and rec-
22
ommendations relating to the activities performed in the
23
course of a comprehensive assessment of an agency.
24
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SEC. 4. ENTERPRISE LICENSING POSITIONING AT AGEN-
1
CIES.
2
(a) IN GENERAL.—The Chief Information Officer of
3
each agency, in consultation with the Chief Financial Offi-
4
cer and the Chief Procurement Officer of the agency, or
5
the equivalent officials of the agency, shall use the infor-
6
mation developed pursuant to the comprehensive assess-
7
ment of the agency to develop a plan for the agency—
8
(1) to consolidate software licenses of the agen-
9
cy; and
10
(2) to the greatest extent practicable, in order
11
to improve the performance of, and reduce unneces-
12
sary costs to, the agency, to adopt enterprise license
13
agreements across the agency, by type or category of
14
software.
15
(b) PLAN REQUIREMENTS.—The plan of an agency
16
shall—
17
(1) include a detailed strategy for—
18
(A) the remediation of any software asset
19
management deficiencies found during the com-
20
prehensive assessment of the agency;
21
(B) the ongoing maintenance of software
22
asset management upon the completion of the
23
remediation; and
24
(C) maximizing the effectiveness of soft-
25
ware deployed by the agency, including, to the
26
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•S 931 RS
extent
practicable,
leveraging
technologies
1
that—
2
(i) provide in-depth analysis of user
3
behaviors and collect user feedback;
4
(ii) measure actual software usage via
5
analytics that can identify inefficiencies to
6
assist in rationalizing software spending;
7
(iii) allow for segmentation of the user
8
base;
9
(iv) support effective governance and
10
compliance in the use of software; and
11
(v) support interoperable capabilities
12
between software;
13
(2) identify not fewer than 5 categories of soft-
14
ware the agency will prioritize for conversion to en-
15
terprise licenses as the software entitlements, con-
16
tracts, and other agreements or arrangements for
17
those categories come up for renewal or renegoti-
18
ation;
19
(3) provide an estimate of the costs to move to
20
enterprise, open-source, or other licenses that do not
21
restrict the use of software by the agency, and the
22
projected cost savings, efficiency measures, and im-
23
provements to agency performance throughout the
24
total software lifecycle;
25
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(4) identify potential mitigations to minimize
1
software license restrictions on how such software
2
can be deployed, accessed, or used, including any
3
mitigations that would minimize any such restric-
4
tions on desktop or server hardware or through a
5
cloud service provider;
6
(5) ensure that the purchase by the agency of
7
any enterprise license or other software is based on
8
publicly available criteria that are not unduly struc-
9
tured to favor any specific vendor;
10
(6) include any estimates for additional re-
11
sources, services, or support the agency may need to
12
execute the enterprise licensing position plan;
13
(7) provide information on the prevalence of
14
software products in use across multiple software
15
categories; and
16
(8) include any additional information, data, or
17
analysis determined necessary by the Chief Informa-
18
tion Officer, or other equivalent official, of the agen-
19
cy.
20
(c) CONSULTATION AND COORDINATION.—The Di-
21
rector, in coordination with the Chief Information Officers
22
Council, the Chief Acquisition Officers Council, the Ad-
23
ministrator, and other government and industry represent-
24
atives identified by the Director, may establish processes
25
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•S 931 RS
to identify, define, and harmonize common definitions,
1
terms and conditions, and other information and criteria
2
to support agency heads in developing and implementing
3
the plans required by this section.
4
(d) SUPPORT.—The Chief Information Officer, or
5
other equivalent official, of an agency may request support
6
from the Director and the Administrator for any analysis
7
or developmental needs to create the plan of the agency.
8
(e) SUBMISSION.—Not later than 120 days after the
9
date on which the Chief Information Officer, or other
10
equivalent official, of an agency submits the comprehen-
11
sive assessment pursuant to section 3(c), the head of the
12
agency shall submit to the Director, the Committee on
13
Homeland Security and Governmental Affairs of the Sen-
14
ate, and the Committee on Oversight and Accountability
15
of the House of Representatives the plan of the agency.
16
SEC. 5. GOVERNMENT-WIDE STRATEGY.
17
(a) IN GENERAL.—Not later than 2 years after the
18
date of enactment of this Act, the Director, in consultation
19
with the Administrator and the Federal Chief Information
20
Officers Council, shall submit to the Committee on Home-
21
land Security and Governmental Affairs of the Senate and
22
the Committee on Oversight and Accountability of the
23
House of Representatives a strategy that includes—
24
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(1) proposals to support the adoption of Gov-
1
ernment-wide enterprise licenses for software entitle-
2
ments identified through the comprehensive assess-
3
ments and plans, including, where appropriate, a
4
cost-benefit analysis;
5
(2) opportunities to leverage Government pro-
6
curement policies and practices to increase inter-
7
operability of software entitlements acquired and de-
8
ployed to reduce costs and improve performance;
9
(3) the incorporation of data on spending by
10
agencies on, the performance of, and management
11
by agencies of software entitlements as part of the
12
information required under section 11302(c)(3)(B)
13
of title 40, United States Code;
14
(4) where applicable, directions to agencies to
15
examine
options
and
relevant
criteria
for
[Text truncated for display. Full text available on Congress.gov.]