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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Strengthening Agency 

3 Management and Oversight of Software Assets Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) ADMINISTRATOR.—The term ‘‘Adminis7 trator’’ means the Administrator of General Serv8 ices. 

9 (2) AGENCY.—The term ‘‘agency’’ has the 

10 meaning given that term in section 3502 of title 44, 

11 United States Code. 

12 (3) CLOUD COMPUTING.—The term ‘‘cloud 

13 computing’’ has the meaning given the term in Spe14 cial Publication 800–145 of the National Institute of 

15 Standards and Technology, or any successor docu16 ment. 

17 (4) CLOUD SERVICE PROVIDER.—The term 

18 ‘‘cloud service provider’’ means an entity offering 

19 cloud computing products or services to agencies. 

20 (5) COMPREHENSIVE ASSESSMENT.—The term 

21 ‘‘comprehensive assessment’’ means a comprehensive 

22 assessment conducted pursuant to section 3(a). 

23 (6) DIRECTOR.—The term ‘‘Director’’ means 

24 the Director of the Office of Management and Budg25 et. 


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1 (7) PLAN.—The term ‘‘plan’’ means the plan 

2 developed by a Chief Information Officer, or equiva3 lent official, pursuant to section 4(a). 

4 (8) SOFTWARE ENTITLEMENT.—The term 

5 ‘‘software entitlement’’ means any software that— 

6 (A) has been purchased, leased, or licensed 

7 by or billed to an agency under any contract or 

8 other business arrangement; and 

9 (B) is subject to use limitations. 

10 (9) SOFTWARE INVENTORY.—The term ‘‘soft11 ware inventory’’ means the software inventory of an 

12 agency required pursuant to— 

13 (A) section 2(b)(2)(A) of the Making Elec14 tronic Government Accountable By Yielding 

15 Tangible Efficiencies Act of 2016 (40 U.S.C. 

16 11302 note; Public Law 114–210); or 

17 (B) subsequent guidance issued by the Di18 rector pursuant to that Act. 

19 SEC. 3. SOFTWARE ENTITLEMENT AND INVENTORY INTEG20 RITY. 

21 (a) IN GENERAL.—As soon as practicable, and not 

22 later than 1 year after the date of enactment of this Act, 

23 the Chief Information Officer of each agency, in consulta24 tion with the Chief Financial Officer, the Chief Procure25 ment Officer, and General Counsel of the agency, or the 


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1 equivalent officials of the agency, shall complete a com2 prehensive assessment of the software entitlements and 

3 software inventories of the agency, which shall include— 

4 (1) the current software inventory of the agen5 cy, including software entitlements, contracts and 

6 other agreements or arrangements of the agency, 

7 and a list of the largest software entitlements of the 

8 agency separated by vendor and category of soft9 ware; 

10 (2) a comprehensive, detailed accounting of— 

11 (A) any software deployed for the agency 

12 as of the date of the comprehensive assessment, 

13 including, to the extent identifiable, the con14 tracts and other agreements or arrangements 

15 that the agency uses to acquire, deploy, or use 

16 such software; 

17 (B) information and data on software enti18 tlements, which shall include information on 

19 any additional fees or costs for the use of cloud 

20 services that is not included in the initial costs 

21 of the contract, agreement, or arrangement— 

22 (i) for which the agency pays; 

23 (ii) that are not deployed or in use by 

24 the agency; and 


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1 (iii) that are billed to the agency 

2 under any contract or business arrange3 ment that creates redundancy in the de4 ployment or use by the agency; and 

5 (C) the extent— 

6 (i) to which any software paid for, in 

7 use, or deployed throughout the agency is 

8 interoperable; and 

9 (ii) of the efforts of the agency to im10 prove interoperability of software assets 

11 throughout the agency enterprise; 

12 (3) a categorization of software licenses of the 

13 agency by cost, volume, and type of software; 

14 (4) a list of any provisions in the software li15 censes of the agency that may restrict how the soft16 ware can be deployed, accessed, or used, including 

17 any such restrictions on desktop or server hardware 

18 or through a cloud service provider; and 

19 (5) an analysis addressing— 

20 (A) the accuracy and completeness of the 

21 software inventory and software entitlements of 

22 the agency before and after the comprehensive 

23 assessment; 

24 (B) management by the agency of and 

25 compliance by the agency with all contracts or 


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1 other agreements or arrangements that include 

2 or implicate software licensing or software man3 agement within the agency; 

4 (C) the extent to which the agency accu5 rately captures the total cost of enterprise li6 censes agreements and related costs, including 

7 the total cost of upgrades over the life of a con8 tract, cloud usage cost per user, and any other 

9 cost associated with the maintenance or serv10 icing of contracts; and 

11 (D) compliance with software license man12 agement policies of the agency. 

13 (b) CONTRACT SUPPORT.— 

14 (1) AUTHORITY.—The head of an agency may 

15 enter into 1 or more contracts to support the re16 quirements of subsection (a). 

17 (2) NO CONFLICT OF INTEREST.—Contracts 

18 under paragraph (1) shall not include contractors 

19 with organization conflicts of interest. 

20 (3) OPERATIONAL INDEPENDENCE.—Over the 

21 course of a comprehensive assessment, contractors 

22 hired pursuant to paragraph (1) shall maintain oper23 ational independence from the integration, manage24 ment, and operations of the software inventory and 

25 software entitlements of the agency. 


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1 (c) SUBMISSION.—On the date on which the Chief In2 formation Officer, Chief Financial Officer, Chief Procure3 ment Officer, and General Counsel of an agency, or the 

4 equivalent officials of the agency, complete the comprehen5 sive assessment, and not later than 1 year after the date 

6 of enactment of this Act, the Chief Information Officer 

7 shall submit the comprehensive assessment to— 

8 (1) the head of the agency; 

9 (2) the Director; 

10 (3) the Administrator; 

11 (4) the Comptroller General of the United 

12 States; 

13 (5) the Committee on Homeland Security and 

14 Governmental Affairs of the Senate; and 

15 (6) the Committee on Oversight and Account16 ability of the House of Representatives. 

17 (d) CONSULTATION.—In order to ensure the utility 

18 and standardization of the comprehensive assessment of 

19 each agency, including to support the development of each 

20 plan and the Government-wide strategy described in sec21 tion 5, the Director, in consultation with the Adminis22 trator, may share information, best practices, and rec23 ommendations relating to the activities performed in the 

24 course of a comprehensive assessment of an agency. 


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1 SEC. 4. ENTERPRISE LICENSING POSITIONING AT AGEN2 CIES. 

3 (a) IN GENERAL.—The Chief Information Officer of 

4 each agency, in consultation with the Chief Financial Offi5 cer and the Chief Procurement Officer of the agency, or 

6 the equivalent officials of the agency, shall use the infor7 mation developed pursuant to the comprehensive assess8 ment of the agency to develop a plan for the agency— 

9 (1) to consolidate software licenses of the agen10 cy; and 

11 (2) to the greatest extent practicable, in order 

12 to improve the performance of, and reduce unneces13 sary costs to, the agency, to adopt enterprise license 

14 agreements across the agency, by type or category of 

15 software. 

16 (b) PLAN REQUIREMENTS.—The plan of an agency 

17 shall— 

18 (1) include a detailed strategy for— 

19 (A) the remediation of any software asset 

20 management deficiencies found during the com21 prehensive assessment of the agency; 

22 (B) the ongoing maintenance of software 

23 asset management upon the completion of the 

24 remediation; and 

25 (C) maximizing the effectiveness of soft26 ware deployed by the agency, including, to the 


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1 extent practicable, leveraging technologies 

2 that— 

3 (i) provide in-depth analysis of user 

4 behaviors and collect user feedback; 

5 (ii) measure actual software usage via 

6 analytics that can identify inefficiencies to 

7 assist in rationalizing software spending; 

8 (iii) allow for segmentation of the user 

9 base; 

10 (iv) support effective governance and 

11 compliance in the use of software; and 

12 (v) support interoperable capabilities 

13 between software; 

14 (2) identify not fewer than 5 categories of soft15 ware the agency will prioritize for conversion to en16 terprise licenses as the software entitlements, con17 tracts, and other agreements or arrangements for 

18 those categories come up for renewal or renegoti19 ation; 

20 (3) provide an estimate of the costs to move to 

21 enterprise, open-source, or other licenses that do not 

22 restrict the use of software by the agency, and the 

23 projected cost savings, efficiency measures, and im24 provements to agency performance throughout the 

25 total software lifecycle; 


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1 (4) identify potential mitigations to minimize 

2 software license restrictions on how such software 

3 can be deployed, accessed, or used, including any 

4 mitigations that would minimize any such restric5 tions on desktop or server hardware or through a 

6 cloud service provider; 

7 (5) ensure that the purchase by the agency of 

8 any enterprise license or other software is based on 

9 publicly available criteria that are not unduly struc10 tured to favor any specific vendor; 

11 (6) include any estimates for additional re12 sources, services, or support the agency may need to 

13 execute the enterprise licensing position plan; 

14 (7) provide information on the prevalence of 

15 software products in use across multiple software 

16 categories; and 

17 (8) include any additional information, data, or 

18 analysis determined necessary by the Chief Informa19 tion Officer, or other equivalent official, of the agen20 cy. 

21 (c) CONSULTATION AND COORDINATION.—The Di22 rector, in coordination with the Chief Information Officers 

23 Council, the Chief Acquisition Officers Council, the Ad24 ministrator, and other government and industry represent25 atives identified by the Director, may establish processes 


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1 to identify, define, and harmonize common definitions, 

2 terms and conditions, and other information and criteria 

3 to support agency heads in developing and implementing 

4 the plans required by this section. 

5 (d) SUPPORT.—The Chief Information Officer, or 

6 other equivalent official, of an agency may request support 

7 from the Director and the Administrator for any analysis 

8 or developmental needs to create the plan of the agency. 

9 (e) SUBMISSION.—Not later than 120 days after the 

10 date on which the Chief Information Officer, or other 

11 equivalent official, of an agency submits the comprehen12 sive assessment pursuant to section 3(c), the head of the 

13 agency shall submit to the Director, the Committee on 

14 Homeland Security and Governmental Affairs of the Sen15 ate, and the Committee on Oversight and Accountability 

16 of the House of Representatives the plan of the agency. 

17 SEC. 5. GOVERNMENT-WIDE STRATEGY. 

18 (a) IN GENERAL.—Not later than 2 years after the 

19 date of enactment of this Act, the Director, in consultation 

20 with the Administrator and the Federal Chief Information 

21 Officers Council, shall submit to the Committee on Home22 land Security and Governmental Affairs of the Senate and 

23 the Committee on Oversight and Accountability of the 

24 House of Representatives a strategy that includes— 


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1 (1) proposals to support the adoption of Gov2 ernment-wide enterprise licenses for software entitle3 ments identified through the comprehensive assess4 ments and plans, including, where appropriate, a 

5 cost-benefit analysis; 

6 (2) opportunities to leverage Government pro7 curement policies and practices to increase inter8 operability of software entitlements acquired and de9 ployed to reduce costs and improve performance; 

10 (3) the incorporation of data on spending by 

11 agencies on, the performance of, and management 

12 by agencies of software entitlements as part of the 

13 information required under section 11302(c)(3)(B) 

14 of title 40, United States Code; 

15 (4) where applicable, directions to agencies to 

16 examine options and relevant criteria for 

17 transitioning to open-source software; and 

18 (5) any other information or data collected or 

19 analyzed by the Director. 

20 (b) BUDGET SUBMISSION.— 

21 (1) FIRST BUDGET.—With respect to the first 

22 budget of the President submitted under section 

23 1105(a) of title 31, United States Code, on or after 

24 the date that is 2 years after the date of enactment 

25 of this Act, the Director shall ensure that the stratVerDate Sep 11 2014 04:41 Jul 26, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6401 E:\BILLS\S931.RS S931

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1 egy required under subsection (a) of this section and 

2 the plan of each agency are included in the budget 

3 justification materials of each agency submitted in 

4 conjunction with that budget. 

5 (2) SUBSEQUENT 5 BUDGETS.—With respect to 

6 the first 5 budgets of the President submitted under 

7 section 1105(a) of title 31, United States Code, 

8 after the budget described in paragraph (1), the Di9 rector shall— 

10 (A) designate performance metrics for 

11 agencies for common software licensing, man12 agement, and cost criteria; and 

13 (B) ensure that the progress of each agen14 cy toward the performance metrics is included 

15 in the budget justification materials of the 

16 agency submitted in conjunction with that 

17 budget. 

18 SEC. 6. GAO REPORT. 

19 Not later than 3 years after the date of enactment 

20 of this Act, the Comptroller General of the United States 

21 shall submit to the Committee on Homeland Security and 

22 Governmental Affairs of the Senate and the Committee 

23 on Oversight and Accountability of the House of Rep24 resentatives a report on Government-wide trends, com25 parisons among agencies, and other analyses of plans and 


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1 the strategy required under section 5(a) by the Comp2 troller General of the United States. 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strengthening Agency 

5 Management and Oversight of Software Assets Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of General Services. 

10 (2) AGENCY.—The term ‘‘agency’’ has the mean11 ing given that term in section 3502 of title 44, United 

12 States Code. 

13 (3) CLOUD COMPUTING.—The term ‘‘cloud com14 puting’’ has the meaning given the term in Special 

15 Publication 800–145 of the National Institute of 

16 Standards and Technology, or any successor docu17 ment. 

18 (4) CLOUD SERVICE PROVIDER.—The term 

19 ‘‘cloud service provider’’ has the meaning given the 

20 term in section 3607(b) of title 44, United States 

21 Code. 

22 (5) COMPREHENSIVE ASSESSMENT.—The term 

23 ‘‘comprehensive assessment’’ means a comprehensive 

24 assessment conducted pursuant to section 3(a). 


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1 (6) DIRECTOR.—The term ‘‘Director’’ means the 

2 Director of the Office of Management and Budget. 

3 (7) PLAN.—The term ‘‘plan’’ means the plan de4 veloped by a Chief Information Officer, or equivalent 

5 official, pursuant to section 4(a). 

6 (8) SOFTWARE ENTITLEMENT.—The term ‘‘soft7 ware entitlement’’ means any software that— 

8 (A) has been purchased, leased, or licensed 

9 by or billed to an agency under any contract or 

10 other business arrangement; and 

11 (B) is subject to use limitations. 

12 (9) SOFTWARE INVENTORY.—The term ‘‘software 

13 inventory’’ means the software inventory of an agency 

14 required pursuant to— 

15 (A) section 2(b)(2)(A) of the Making Elec16 tronic Government Accountable By Yielding 

17 Tangible Efficiencies Act of 2016 (40 U.S.C. 

18 11302 note; Public Law 114–210); or 

19 (B) subsequent guidance issued by the Di20 rector pursuant to that Act. 

21 SEC. 3. SOFTWARE INVENTORY UPDATE AND EXPANSION. 

22 (a) IN GENERAL.—As soon as practicable, and not 

23 later than 18 months after the date of enactment of this 

24 Act, the Chief Information Officer of each agency, in con25 sultation with the Chief Financial Officer, the Chief AcquiVerDate Sep 11 2014 04:41 Jul 26, 2023 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6203 E:\BILLS\S931.RS S931

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1 sition Officer, the Chief Data Officer, and General Counsel 

2 of the agency, or the equivalent officials of the agency, shall 

3 complete a comprehensive assessment of the software paid 

4 for by, in use at, or deployed throughout the agency, which 

5 shall include— 

6 (1) the current software inventory of the agency, 

7 including software entitlements, contracts and other 

8 agreements or arrangements of the agency, and a list 

9 of the largest software entitlements of the agency sepa10 rated by provider and category of software; 

11 (2) a comprehensive, detailed accounting of— 

12 (A) any software used by or deployed with13 in the agency, including software developed or 

14 built by the agency, or by another agency for use 

15 by the agency, including shared services, as of 

16 the date of the comprehensive assessment, includ17 ing, to the extent identifiable, the contracts and 

18 other agreements or arrangements used by the 

19 agency to acquire, build, deploy, or use such soft20 ware; 

21 (B) information and data on software enti22 tlements, which shall include information on any 

23 additional fees or costs, including fees or costs for 

24 the use of cloud services, that are not included in 


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1 the initial costs of the contract, agreement, or ar2 rangement— 

3 (i) for which the agency pays; 

4 (ii) that are not deployed or in use by 

5 the agency; and 

6 (iii) that are billed to the agency under 

7 any contract or business arrangement that 

8 creates duplication, or are otherwise deter9 mined to be unnecessary by the Chief Infor10 mation Officer of the agency, or the equiva11 lent official, in the deployment or use by the 

12 agency; and 

13 (C) the extent— 

14 (i) to which any software paid for, in 

15 use, or deployed throughout the agency is 

16 interoperable; and 

17 (ii) of the efforts of the agency to im18 prove interoperability of software assets 

19 throughout the agency enterprise; 

20 (3) a categorization of software entitlements of 

21 the agency by cost, volume, and type of software; 

22 (4) a list of any provisions in the software enti23 tlements of the agency that may restrict how the soft24 ware can be deployed, accessed, or used, including 

25 any such restrictions on desktop or server hardware, 


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1 through a cloud service provider, or on data owner2 ship or access; and 

3 (5) an analysis addressing— 

4 (A) the accuracy and completeness of the 

5 comprehensive assessment; 

6 (B) agency management of and compliance 

7 with all contracts or other agreements or ar8 rangements that include or reference software en9 titlements or software management within the 

10 agency; 

11 (C) the extent to which the agency accu12 rately captures the total cost of software entitle13 ments and related costs, including the total cost 

14 of upgrades over the life of a contract, cloud 

15 usage costs, and any other cost associated with 

16 the maintenance or servicing of contracts; and 

17 (D) compliance with software license man18 agement policies of the agency. 

19 (b) CONTRACT SUPPORT.— 

20 (1) AUTHORITY.—The head of an agency may 

21 enter into 1 or more contracts to support the require22 ments of subsection (a). 

23 (2) NO CONFLICT OF INTEREST.—Contracts 

24 under paragraph (1) shall not include contractors 

25 with organizational conflicts of interest, within the 


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1 meaning given that term under subpart 9.5 of the 

2 Federal Acquisition Regulation. 

3 (3) OPERATIONAL INDEPENDENCE.—Over the 

4 course of a comprehensive assessment, contractors 

5 hired pursuant to paragraph (1) shall maintain oper6 ational independence from the integration, manage7 ment, and operations of the software inventory and 

8 software entitlements of the agency. 

9 (c) SUBMISSION.—On the date on which the Chief In10 formation Officer, Chief Financial Officer, Chief Acquisi11 tion Officer, the Chief Data Officer, and General Counsel 

12 of an agency, or the equivalent officials of the agency, com13 plete the comprehensive assessment, the Chief Information 

14 Officer shall submit the comprehensive assessment to the 

15 head of the agency. 

16 (d) SUBSEQUENT SUBMISSION.—Not later than 30 

17 days after the date on which the head of an agency receives 

18 the comprehensive assessment under subsection (c), the head 

19 of the agency shall submit the comprehensive assessment 

20 to— 

21 (1) the Director; 

22 (2) the Administrator; 

23 (3) the Comptroller General of the United States; 

24 (4) the Committee on Homeland Security and 

25 Governmental Affairs of the Senate; and 


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1 (5) the Committee on Oversight and Account2 ability of the House of Representatives. 

3 (e) CONSULTATION.—In order to ensure the utility and 

4 standardization of the comprehensive assessment of each 

5 agency, including to support the development of each plan 

6 and the report required under section 4(e)(2), the Director, 

7 in consultation with the Administrator, shall share infor8 mation, best practices, and recommendations relating to the 

9 activities performed in the course of a comprehensive assess10 ment of an agency. 

11 SEC. 4. SOFTWARE MODERNIZATION PLANNING AT AGEN12 CIES. 

13 (a) IN GENERAL.—The Chief Information Officer of 

14 each agency, in consultation with the Chief Financial Offi15 cer, the Chief Acquisition Officer, the Chief Data Officer, 

16 and the General Counsel of the agency, or the equivalent 

17 officials of the agency, shall use the information developed 

18 pursuant to the comprehensive assessment of the agency to 

19 develop a plan for the agency— 

20 (1) to consolidate software entitlements of the 

21 agency; 

22 (2) to ensure that, in order to improve the per23 formance of, and reduce unnecessary costs to, the 

24 agency, the Chief Information Officer, Chief Data Of25 ficer, and Chief Acquisition Officer of the agency, or 


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1 the equivalent officers, develop criteria and procedures 

2 for how the agency will adopt cost-effective acquisi3 tion strategies, including enterprise licensing, across 

4 the agency that reduce costs, eliminate excess licenses, 

5 and improve performance; and 

6 (3) to restrict the ability of a bureau, program, 

7 component, or operational entity within the agency to 

8 acquire, use, develop, or otherwise leverage any soft9 ware entitlement (or portion thereof) without the ap10 proval of the Chief Information Officer of the agency, 

11 in consultation with the Chief Acquisition Officer of 

12 the agency, or the equivalent officers of the agency. 

13 (b) PLAN REQUIREMENTS.—The plan of an agency 

14 shall— 

15 (1) include a detailed strategy for— 

16 (A) the remediation of any software asset 

17 management deficiencies found during the com18 prehensive assessment of the agency; 

19 (B) the ongoing maintenance of software 

20 asset management upon the completion of the re21 mediation; 

22 (C) automation of software license manage23 ment processes and incorporation of discovery 

24 tools across the agency; 


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1 (D) ensuring that officers and employees of 

2 the agency are adequately trained in the policies, 

3 procedures, rules, regulations, and guidance re4 lating to the software acquisition and develop5 ment of the agency before entering into any 

6 agreement relating to any software entitlement 

7 (or portion thereof) for the agency, including 

8 training on— 

9 (i) negotiating options within con10 tracts to address and minimize provisions 

11 that restrict how the agency may deploy, 

12 access, or use the software, including restric13 tions on deployment, access, or use on desk14 top or server hardware and restrictions on 

15 data ownership or access; 

16 (ii) the differences between acquiring 

17 commercial software products and services 

18 and acquiring or building custom software; 

19 and 

20 (iii) determining the costs of different 

21 types of licenses and options for adjusting 

22 licenses to meet increasing or decreasing de23 mand; and 


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1 (E) maximizing the effectiveness of software 

2 deployed by the agency, including, to the extent 

3 practicable, leveraging technologies that— 

4 (i) measure actual software usage via 

5 analytics that can identify inefficiencies to 

6 assist in rationalizing software spending; 

7 (ii) allow for segmentation of the user 

8 base; 

9 (iii) support effective governance and 

10 compliance in the use of software; and 

11 (iv) support interoperable capabilities 

12 between software; 

13 (2) identify categories of software the agency 

14 could prioritize for conversion to more cost-effective 

15 software licenses, including enterprise licenses, as the 

16 software entitlements, contracts, and other agreements 

17 or arrangements come up for renewal or renegoti18 ation; 

19 (3) provide an estimate of the costs to move to20 ward more enterprise, open-source, or other licenses 

21 that do not restrict the use of software by the agency, 

22 and the projected cost savings, efficiency measures, 

23 and improvements to agency performance throughout 

24 the total software lifecycle; 


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1 (4) identify potential mitigations to minimize 

2 software license restrictions on how such software can 

3 be deployed, accessed, or used, including any mitiga4 tions that would minimize any such restrictions on 

5 desktop or server hardware, through a cloud service 

6 provider, or on data ownership or access; 

7 (5) ensure that the purchase by the agency of 

8 any software is based on publicly available criteria 

9 that are not unduly structured to favor any specific 

10 vendor, unless prohibited by law (including regula11 tion); 

12 (6) include any estimates for additional re13 sources, services, or support the agency may need to 

14 implement the plan; 

15 (7) provide information on the prevalence of soft16 ware products in use across multiple software cat17 egories; and 

18 (8) include any additional information, data, or 

19 analysis determined necessary by the Chief Informa20 tion Officer, or other equivalent official, of the agency. 

21 (c) SUPPORT.—The Chief Information Officer, or other 

22 equivalent official, of an agency may request support from 

23 the Director and the Administrator for any analysis or de24 velopmental needs to create the plan of the agency. 


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1 (d) AGENCY SUBMISSION.—Not later than 1 year after 

2 the date on which the head of an agency submits the com3 prehensive assessment pursuant to section 3(d), the head of 

4 the agency shall submit to the Director, the Committee on 

5 Homeland Security and Governmental Affairs of the Sen6 ate, and the Committee on Oversight and Accountability of 

7 the House of Representatives the plan of the agency. 

8 (e) CONSULTATION AND COORDINATION.—The Direc9 tor— 

10 (1) in coordination with the Administrator, the 

11 Chief Information Officers Council, the Chief Acquisi12 tion Officers Council, the Chief Data Officers Council, 

13 the Chief Financial Officers Council, and other gov14 ernment and industry representatives identified by 

15 the Director, shall establish processes, using existing 

16 reporting functions, as appropriate, to identify, de17 fine, and harmonize common definitions, terms and 

18 conditions, standardized requirements, and other in19 formation and criteria to support agency heads in de20 veloping and implementing the plans required by this 

21 section; and 

22 (2) in coordination with the Administrator, and 

23 not later than 2 years after the date of enactment of 

24 this Act, submit to the Committee on Homeland Secu25 rity and Governmental Affairs of the Senate and the 


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1 Committee on Oversight and Accountability of the 

2 House of Representatives a report detailing rec3 ommendations to leverage Government procurement 

4 policies and practices with respect to software ac5 quired by, developed by, deployed within, or in use at 

6 1 or more agencies to— 

7 (A) increase the interoperability of software 

8 licenses, including software entitlements and 

9 software built by Government agencies; 

10 (B) consolidate licenses, as appropriate; 

11 (C) reduce costs; 

12 (D) improve performance; and 

13 (E) modernize the management and over14 sight of software entitlements and software built 

15 by Government agencies, as identified through 

16 an analysis of agency plans. 

17 SEC. 5. GAO REPORT. 

18 Not later than 3 years after the date of enactment of 

19 this Act, the Comptroller General of the United States shall 

20 submit to the Committee on Homeland Security and Gov21 ernmental Affairs of the Senate and the Committee on Over22 sight and Accountability of the House of Representatives 

23 a report on— 

24 (1) Government-wide trends in agency software 

25 asset management practices; 


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27 

•S 931 RS

1 (2) comparisons of software asset management 

2 practices among agencies; 

3 (3) the establishment by the Director of processes 

4 to identify, define, and harmonize common defini5 tions, terms, and conditions under section 4(e); 

6 (4) agency compliance with the restrictions on 

7 contract support under section 3(b); and 

8 (5) other analyses of and findings regarding the 

9 plans of agencies, as determined by the Comptroller 

10 General of the United States. 

11 SEC. 6. NO ADDITIONAL FUNDS. 

12 No additional funds are authorized to be appropriated 

13 for the purpose of carrying out this Act. 


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Calendar No. 156 

118TH CONGRESS 

1ST SESSION S. 931 

[Report No. 118–73] 

A BILL 

To improve the visibility, accountability, and overtices, and for other purposes. sight of agency software asset management pracJULY 25, 2023 

Reported with an amendment 


kjohnson on DSK79L0C42PROD with BILLS