Us Congress 2025-2026 Regular Session

Us Congress House Bill HB2417 Compare Versions

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11 I
22 119THCONGRESS
33 1
44 STSESSION H. R. 2417
55 To improve the visibility, accountability, and oversight of agency software
66 asset management practices, and for other purposes.
77 IN THE HOUSE OF REPRESENTATIVES
88 MARCH27, 2025
99 Mr. C
1010 ONNOLLY(for himself, Mr. FALLON, Mrs. MCCLAINDELANEY, and Ms.
1111 M
1212 ACE) introduced the following bill; which was referred to the Committee
1313 on Oversight and Government Reform
1414 A BILL
1515 To improve the visibility, accountability, and oversight of
1616 agency software asset management practices, and for
1717 other purposes.
1818 Be it enacted by the Senate and House of Representa-1
1919 tives of the United States of America in Congress assembled, 2
2020 SECTION 1. SHORT TITLE. 3
2121 This Act may be cited as the ‘‘Strengthening Agency 4
2222 Management and Oversight of Software Assets Act’’. 5
2323 SEC. 2. DEFINITIONS. 6
2424 In this Act: 7
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2828 (1) ADMINISTRATOR.—The term ‘‘Adminis-1
2929 trator’’ means the Administrator of General Serv-2
3030 ices. 3
3131 (2) A
3232 GENCY.—The term ‘‘agency’’ has the 4
3333 meaning given that term in section 3502 of title 44, 5
3434 United States Code, except that such term does not 6
3535 include an element of the intelligence community. 7
3636 (3) C
3737 LOUD COMPUTING .—The term ‘‘cloud 8
3838 computing’’ has the meaning given the term in Spe-9
3939 cial Publication 800–145 of the National Institute of 10
4040 Standards and Technology, or any successor docu-11
4141 ment. 12
4242 (4) C
4343 LOUD SERVICE PROVIDER .—The term 13
4444 ‘‘cloud service provider’’ has the meaning given the 14
4545 term in section 3607(b) of title 44, United States 15
4646 Code. 16
4747 (5) C
4848 OMPREHENSIVE ASSESSMENT .—The term 17
4949 ‘‘comprehensive assessment’’ means a comprehensive 18
5050 assessment conducted pursuant to section 3(a). 19
5151 (6) D
5252 IRECTOR.—The term ‘‘Director’’ means 20
5353 the Director of the Office of Management and Budg-21
5454 et. 22
5555 (7) I
5656 NTELLIGENCE COMMUNITY .—The term 23
5757 ‘‘intelligence community’’ has the meaning given the 24
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6161 term in section 3 of the National Security Act of 1
6262 1947 (50 U.S.C. 3003). 2
6363 (8) P
6464 LAN.—The term ‘‘plan’’ means the plan 3
6565 developed by a Chief Information Officer, or equiva-4
6666 lent official, pursuant to section 4(a). 5
6767 (9) S
6868 OFTWARE ENTITLEMENT .—The term 6
6969 ‘‘software entitlement’’ means any software that— 7
7070 (A) has been purchased, leased, or licensed 8
7171 by or billed to an agency under any contract or 9
7272 other business arrangement; and 10
7373 (B) is subject to use limitations. 11
7474 (10) S
7575 OFTWARE INVENTORY .—The term ‘‘soft-12
7676 ware inventory’’ means the software inventory of an 13
7777 agency required pursuant to— 14
7878 (A) section 2(b)(2)(A) of the Making Elec-15
7979 tronic Government Accountable By Yielding 16
8080 Tangible Efficiencies Act of 2016 (40 U.S.C. 17
8181 11302 note; Public Law 114–210); or 18
8282 (B) subsequent guidance issued by the Di-19
8383 rector pursuant to that Act. 20
8484 SEC. 3. SOFTWARE INVENTORY UPDATE AND EXPANSION. 21
8585 (a) I
8686 NGENERAL.—As soon as practicable, and not 22
8787 later than 18 months after the date of enactment of this 23
8888 Act, the Chief Information Officer of each agency, in con-24
8989 sultation with the Chief Financial Officer, the Chief Ac-25
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9393 quisition Officer, the Chief Data Officer, and General 1
9494 Counsel of the agency, or the equivalent officials of the 2
9595 agency, shall complete a comprehensive assessment of the 3
9696 software paid for by, in use at, or deployed throughout 4
9797 the agency, which shall include— 5
9898 (1) the current software inventory of the agen-6
9999 cy, including software entitlements, contracts and 7
100100 other agreements or arrangements of the agency, 8
101101 and a list of the largest software entitlements of the 9
102102 agency separated by provider and category of soft-10
103103 ware; 11
104104 (2) a comprehensive, detailed accounting of— 12
105105 (A) any software used by or deployed with-13
106106 in the agency, including software developed or 14
107107 built by the agency, or by another agency for 15
108108 use by the agency, including shared services, as 16
109109 of the date of the comprehensive assessment, 17
110110 including, to the extent identifiable, the con-18
111111 tracts and other agreements or arrangements 19
112112 used by the agency to acquire, build, deploy, or 20
113113 use such software; 21
114114 (B) information and data on software enti-22
115115 tlements, which shall include information on 23
116116 any additional fees or costs, including fees or 24
117117 costs for the use of cloud services, that are not 25
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121121 included in the initial costs of the contract, 1
122122 agreement, or arrangement— 2
123123 (i) for which the agency pays; 3
124124 (ii) that are not deployed or in use by 4
125125 the agency; and 5
126126 (iii) that are billed to the agency 6
127127 under any contract or business arrange-7
128128 ment that creates duplication, or are other-8
129129 wise determined to be unnecessary by the 9
130130 Chief Information Officer of the agency, or 10
131131 the equivalent official, in the deployment 11
132132 or use by the agency; and 12
133133 (C) the extent— 13
134134 (i) to which any software paid for, in 14
135135 use, or deployed throughout the agency is 15
136136 interoperable; and 16
137137 (ii) of the efforts of the agency to im-17
138138 prove interoperability of software assets 18
139139 throughout the agency enterprise; 19
140140 (3) a categorization of software entitlements of 20
141141 the agency by cost, volume, and type of software; 21
142142 (4) a list of any provisions in the software enti-22
143143 tlements of the agency that may restrict how the 23
144144 software can be deployed, accessed, or used, includ-24
145145 ing any such restrictions on desktop or server hard-25
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149149 ware, through a cloud service provider, or on data 1
150150 ownership or access; and 2
151151 (5) an analysis addressing— 3
152152 (A) the accuracy and completeness of the 4
153153 comprehensive assessment; 5
154154 (B) agency management of and compliance 6
155155 with all contracts or other agreements or ar-7
156156 rangements that include or reference software 8
157157 entitlements or software management within 9
158158 the agency; 10
159159 (C) the extent to which the agency accu-11
160160 rately captures the total cost of software enti-12
161161 tlements and related costs, including the total 13
162162 cost of upgrades over the life of a contract, 14
163163 cloud usage costs, and any other cost associated 15
164164 with the maintenance or servicing of contracts; 16
165165 and 17
166166 (D) compliance with software license man-18
167167 agement policies of the agency. 19
168168 (b) C
169169 ONTRACTSUPPORT.— 20
170170 (1) A
171171 UTHORITY.—The head of an agency may 21
172172 enter into 1 or more contracts to support the re-22
173173 quirements of subsection (a). 23
174174 (2) N
175175 O CONFLICT OF INTEREST .—Contracts 24
176176 under paragraph (1) shall not include contractors 25
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180180 with organizational conflicts of interest, within the 1
181181 meaning given that term under subpart 9.5 of the 2
182182 Federal Acquisition Regulation. 3
183183 (3) O
184184 PERATIONAL INDEPENDENCE .—Over the 4
185185 course of a comprehensive assessment, contractors 5
186186 hired pursuant to paragraph (1) shall maintain oper-6
187187 ational independence from the integration, manage-7
188188 ment, and operations of the software inventory and 8
189189 software entitlements of the agency. 9
190190 (c) S
191191 UBMISSION.—On the date on which the Chief In-10
192192 formation Officer, Chief Financial Officer, Chief Acquisi-11
193193 tion Officer, the Chief Data Officer, and General Counsel 12
194194 of an agency, or the equivalent officials of the agency, 13
195195 complete the comprehensive assessment, the Chief Infor-14
196196 mation Officer shall submit the comprehensive assessment 15
197197 to the head of the agency. 16
198198 (d) S
199199 UBSEQUENTSUBMISSION.—Not later than 30 17
200200 days after the date on which the head of an agency re-18
201201 ceives the comprehensive assessment under subsection (c), 19
202202 the head of the agency shall submit the comprehensive as-20
203203 sessment to— 21
204204 (1) the Director; 22
205205 (2) the Administrator; 23
206206 (3) the Comptroller General of the United 24
207207 States; 25
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211211 (4) the Committee on Homeland Security and 1
212212 Governmental Affairs of the Senate; and 2
213213 (5) the Committee on Oversight and Account-3
214214 ability of the House of Representatives. 4
215215 (e) C
216216 ONSULTATION.—In order to ensure the utility 5
217217 and standardization of the comprehensive assessment of 6
218218 each agency, including to support the development of each 7
219219 plan and the report required under section 4(e)(2), the 8
220220 Director, in consultation with the Administrator, shall 9
221221 share information, best practices, and recommendations 10
222222 relating to the activities performed in the course of a com-11
223223 prehensive assessment of an agency. 12
224224 (f) I
225225 NTELLIGENCECOMMUNITY.—For each element 13
226226 of the intelligence community, a comprehensive assess-14
227227 ment described under subsection (a) shall be— 15
228228 (1) conducted separately; 16
229229 (2) performed only by an entity designated by 17
230230 the head of the element of the intelligence commu-18
231231 nity, in accordance with appropriate applicable laws; 19
232232 (3) performed in such a manner as to ensure 20
233233 appropriate protection of information which, if dis-21
234234 closed, may adversely affect national security; and 22
235235 (4) submitted in summary form, not later than 23
236236 30 days after the date on which the head of the ele-24
237237 ment of the intelligence community receives the as-25
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241241 sessment, by the head of the element of the intel-1
242242 ligence community to— 2
243243 (A) the Director; 3
244244 (B) the Select Committee on Intelligence 4
245245 of the Senate; and 5
246246 (C) the Permanent Select Committee on 6
247247 Intelligence of the House of Representatives. 7
248248 SEC. 4. SOFTWARE MODERNIZATION PLANNING AT AGEN-8
249249 CIES. 9
250250 (a) I
251251 NGENERAL.—The Chief Information Officer of 10
252252 each agency, in consultation with the Chief Financial Offi-11
253253 cer, the Chief Acquisition Officer, the Chief Data Officer, 12
254254 and the General Counsel of the agency, or the equivalent 13
255255 officials of the agency, shall use the information developed 14
256256 pursuant to the comprehensive assessment of the agency 15
257257 to develop a plan for the agency— 16
258258 (1) to consolidate software entitlements of the 17
259259 agency; 18
260260 (2) to ensure that, in order to improve the per-19
261261 formance of, and reduce unnecessary costs to, the 20
262262 agency, the Chief Information Officer, Chief Data 21
263263 Officer, and Chief Acquisition Officer of the agency, 22
264264 or the equivalent officers, develop criteria and proce-23
265265 dures for how the agency will adopt cost-effective ac-24
266266 quisition strategies, including enterprise licensing, 25
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270270 across the agency that reduce costs, eliminate excess 1
271271 licenses, and improve performance; and 2
272272 (3) to restrict the ability of a bureau, program, 3
273273 component, or operational entity within the agency 4
274274 to acquire, use, develop, or otherwise leverage any 5
275275 software entitlement (or portion thereof) without the 6
276276 approval of the Chief Information Officer of the 7
277277 agency, in consultation with the Chief Acquisition 8
278278 Officer of the agency, or the equivalent officers of 9
279279 the agency. 10
280280 (b) P
281281 LANREQUIREMENTS.—The plan of an agency 11
282282 shall— 12
283283 (1) include a detailed strategy for— 13
284284 (A) the remediation of any software asset 14
285285 management deficiencies found during the com-15
286286 prehensive assessment of the agency; 16
287287 (B) the ongoing maintenance of software 17
288288 asset management upon the completion of the 18
289289 remediation; 19
290290 (C) automation of software license man-20
291291 agement processes and incorporation of dis-21
292292 covery tools across the agency; 22
293293 (D) ensuring that officers and employees 23
294294 of the agency are adequately trained in the poli-24
295295 cies, procedures, rules, regulations, and guid-25
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299299 ance relating to the software acquisition and 1
300300 development of the agency before entering into 2
301301 any agreement relating to any software entitle-3
302302 ment (or portion thereof) for the agency, in-4
303303 cluding training on— 5
304304 (i) negotiating options within con-6
305305 tracts to address and minimize provisions 7
306306 that restrict how the agency may deploy, 8
307307 access, or use the software, including re-9
308308 strictions on deployment, access, or use on 10
309309 desktop or server hardware and restric-11
310310 tions on data ownership or access; 12
311311 (ii) the differences between acquiring 13
312312 commercial software products and services 14
313313 and acquiring or building custom software; 15
314314 and 16
315315 (iii) determining the costs of different 17
316316 types of licenses and options for adjusting 18
317317 licenses to meet increasing or decreasing 19
318318 demand; and 20
319319 (E) maximizing the effectiveness of soft-21
320320 ware deployed by the agency, including, to the 22
321321 extent practicable, leveraging technologies 23
322322 that— 24
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326326 (i) measure actual software usage via 1
327327 analytics that can identify inefficiencies to 2
328328 assist in rationalizing software spending; 3
329329 (ii) allow for segmentation of the user 4
330330 base; 5
331331 (iii) support effective governance and 6
332332 compliance in the use of software; and 7
333333 (iv) support interoperable capabilities 8
334334 between software; 9
335335 (2) identify categories of software the agency 10
336336 could prioritize for conversion to more cost-effective 11
337337 software licenses, including enterprise licenses, as 12
338338 the software entitlements, contracts, and other 13
339339 agreements or arrangements come up for renewal or 14
340340 renegotiation; 15
341341 (3) provide an estimate of the costs to move to-16
342342 ward more enterprise, open-source, or other licenses 17
343343 that do not restrict the use of software by the agen-18
344344 cy, and the projected cost savings, efficiency meas-19
345345 ures, and improvements to agency performance 20
346346 throughout the total software lifecycle; 21
347347 (4) identify potential mitigations to minimize 22
348348 software license restrictions on how such software 23
349349 can be deployed, accessed, or used, including any 24
350350 mitigations that would minimize any such restric-25
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354354 tions on desktop or server hardware, through a cloud 1
355355 service provider, or on data ownership or access; 2
356356 (5) ensure that the purchase by the agency of 3
357357 any software is based on publicly available criteria 4
358358 that are not unduly structured to favor any specific 5
359359 vendor, unless prohibited by law (including regula-6
360360 tion); 7
361361 (6) include any estimates for additional re-8
362362 sources, services, or support the agency may need to 9
363363 implement the plan; 10
364364 (7) provide information on the prevalence of 11
365365 software products in use across multiple software 12
366366 categories; and 13
367367 (8) include any additional information, data, or 14
368368 analysis determined necessary by the Chief Informa-15
369369 tion Officer, or other equivalent official, of the agen-16
370370 cy. 17
371371 (c) S
372372 UPPORT.—The Chief Information Officer, or 18
373373 other equivalent official, of an agency may request support 19
374374 from the Director and the Administrator for any analysis 20
375375 or developmental needs to create the plan of the agency. 21
376376 (d) A
377377 GENCYSUBMISSION.— 22
378378 (1) I
379379 N GENERAL.—Not later than 1 year after 23
380380 the date on which the head of an agency submits the 24
381381 comprehensive assessment pursuant to section 3(d), 25
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385385 the head of the agency shall submit to the Director, 1
386386 the Committee on Homeland Security and Govern-2
387387 mental Affairs of the Senate, and the Committee on 3
388388 Oversight and Accountability of the House of Rep-4
389389 resentatives the plan of the agency. 5
390390 (2) I
391391 NTELLIGENCE COMMUNITY .—Not later 6
392392 than 1 year after the date on which the head of an 7
393393 element of the intelligence community submits the 8
394394 summary assessment pursuant to section 3(f)(4), the 9
395395 head of the element shall separately submit the plan 10
396396 of the element to the Director, the Select Committee 11
397397 on Intelligence of the Senate, and the Permanent 12
398398 Select Committee on Intelligence of the House of 13
399399 Representatives. 14
400400 (e) C
401401 ONSULTATION AND COORDINATION.—The Di-15
402402 rector— 16
403403 (1) in coordination with the Administrator, the 17
404404 Chief Information Officers Council, the Chief Acqui-18
405405 sition Officers Council, the Chief Data Officers 19
406406 Council, the Chief Financial Officers Council, and 20
407407 other government and industry representatives iden-21
408408 tified by the Director, shall establish processes, 22
409409 using existing reporting functions, as appropriate, to 23
410410 identify, define, and harmonize common definitions, 24
411411 terms and conditions, standardized requirements, 25
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415415 and other information and criteria to support agency 1
416416 heads in developing and implementing the plans re-2
417417 quired by this section; and 3
418418 (2) in coordination with the Administrator, and 4
419419 not later than 2 years after the date of enactment 5
420420 of this Act, submit to the Committee on Homeland 6
421421 Security and Governmental Affairs of the Senate 7
422422 and the Committee on Oversight and Accountability 8
423423 of the House of Representatives a report detailing 9
424424 recommendations to leverage Government procure-10
425425 ment policies and practices with respect to software 11
426426 acquired by, developed by, deployed within, or in use 12
427427 at 1 or more agencies to— 13
428428 (A) increase the interoperability of soft-14
429429 ware licenses, including software entitlements 15
430430 and software built by Government agencies; 16
431431 (B) consolidate licenses, as appropriate; 17
432432 (C) reduce costs; 18
433433 (D) improve performance; and 19
434434 (E) modernize the management and over-20
435435 sight of software entitlements and software 21
436436 built by Government agencies, as identified 22
437437 through an analysis of agency plans. 23
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441441 SEC. 5. GAO REPORT. 1
442442 Not later than 3 years after the date of enactment 2
443443 of this Act, the Comptroller General of the United States 3
444444 shall submit to the Committee on Homeland Security and 4
445445 Governmental Affairs of the Senate and the Committee 5
446446 on Oversight and Accountability of the House of Rep-6
447447 resentatives a report on— 7
448448 (1) Government-wide trends in agency software 8
449449 asset management practices; 9
450450 (2) comparisons of software asset management 10
451451 practices among agencies; 11
452452 (3) the establishment by the Director of proc-12
453453 esses to identify, define, and harmonize common 13
454454 definitions, terms, and conditions under section 4(e); 14
455455 (4) agency compliance with the restrictions on 15
456456 contract support under section 3(b); and 16
457457 (5) other analyses of and findings regarding the 17
458458 plans of agencies, as determined by the Comptroller 18
459459 General of the United States. 19
460460 SEC. 6. NO ADDITIONAL FUNDS. 20
461461 No additional funds are authorized to be appro-21
462462 priated for the purpose of carrying out this Act. 22
463463 Æ
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