II 

117TH CONGRESS 

2D SESSION S. 3897 

To require the reduction of the reliance and expenditures of the Federal 

Government on legacy information technology systems, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 22, 2022 

Ms. HASSAN (for herself and Mr. CORNYN) introduced the following bill; which 

was read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

A BILL 

To require the reduction of the reliance and expenditures 

of the Federal Government on legacy information technology systems, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Legacy IT Reduction 

5 Act of 2022’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of General Serv3 ices. 

4 (2) AGENCY.—The term ‘‘agency’’ means an 

5 agency described in paragraph (1) or (2) of section 

6 901(b) of title 31, United States Code. 

7 (3) CHIEF INFORMATION OFFICER.—The term 

8 ‘‘Chief Information Officer’’ means a Chief Informa9 tion Officer designated under section 3506(a)(2) of 

10 title 44, United States Code. 

11 (4) COMPTROLLER GENERAL.—The term 

12 ‘‘Comptroller General’’ means the Comptroller Gen13 eral of the United States. 

14 (5) CONGRESSIONAL OVERSIGHT COMMITTEE.— 

15 The term ‘‘congressional oversight committee’’ 

16 means, with respect to a particular agency, a com17 mittee or subcommittee of the Senate and the House 

18 of Representatives that provide oversight of the 

19 agency. 

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

21 the Director of the Office of Management and Budg22 et. 

23 (7) INFORMATION TECHNOLOGY.—The term 

24 ‘‘information technology’’ has the meaning given the 


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1 term in section 11101 of title 40, United States 

2 Code. 

3 (8) IT WORKING CAPITAL FUND; LEGACY IN4 FORMATION TECHNOLOGY SYSTEM.—The terms ‘‘IT 

5 working capital fund’’ and ‘‘legacy information tech6 nology system’’ have the meaning given the terms in 

7 section 1076 of the National Defense Authorization 

8 Act for Fiscal Year 2018 (40 U.S.C. 11301 note; 

9 Public Law (115–91)). 

10 (9) NATIONAL SECURITY SYSTEM.—The term 

11 ‘‘national security system’’ has the meaning given 

12 the term in section 11103 of title 40, United States 

13 Code. 

14 (10) TECHNOLOGY MODERNIZATION FUND.— 

15 The term ‘‘Technology Modernization Fund’’ means 

16 the fund established under section 1078(b)(1) of the 

17 National Defense Authorization Act for Fiscal Year 

18 2018 (40 U.S.C. 11301 note; Public Law 115–91). 

19 SEC. 3. LEGACY INFORMATION TECHNOLOGY SYSTEM IN20 VENTORY. 

21 (a) INVENTORY OF LEGACY INFORMATION TECH22 NOLOGY SYSTEMS.— 

23 (1) IN GENERAL.—Not later than 1 year after 

24 the date of enactment of this Act, and not later than 

25 5 years thereafter, the Chief Information Officer of 


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1 each agency shall compile an inventory that lists 

2 each legacy information technology system used, op3 erated, or maintained by the agency. 

4 (2) CONTENTS.—The Director shall issue guid5 ance prescribing the information that the Chief In6 formation Officer of each agency shall include for 

7 each legacy technology information system listed in 

8 the inventory required under paragraph (1). In 

9 issuing such guidance, the Director shall consider in10 cluding for each legacy technology information sys11 tem listed in the inventory— 

12 (A) the name or an identification of the 

13 legacy information technology system; 

14 (B) the office or mission of the agency that 

15 the legacy information technology system sup16 ports and how the office or mission uses the 

17 legacy information technology system; 

18 (C) to the extent that information is avail19 able— 

20 (i) the date of the last update or re21 fresh of the legacy information technology 

22 system; 

23 (ii) the price, including recurring sub24 scription costs and any costs to contract 


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1 labor to operate or maintain the legacy in2 formation technology system; and 

3 (iii) the name and contact information 

4 of the vendor; and 

5 (D) the date of the next expected update 

6 or modernization, retirement, or disposal of the 

7 legacy information technology system. 

8 (b) TRANSPARENCY AND ACCOUNTABILITY.— 

9 (1) IN GENERAL.—Upon request by a House of 

10 Congress, a congressional oversight committee of an 

11 agency, the Comptroller General of the United 

12 States, or an inspector general of an agency, the 

13 head of the agency shall make available the inven14 tory compiled under subsection (a)(1) or the relevant 

15 portion of that inventory. 

16 (2) REPORTING.—The Director may require an 

17 agency to include the inventory compiled under sub18 section (a)(1) in a reporting structure determined by 

19 the Director. 

20 SEC. 4. AGENCY LEGACY INFORMATION TECHNOLOGY SYS21 TEMS MODERNIZATION PLANS. 

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

23 date of enactment of this Act, and every 5 years there24 after, the head of an agency shall develop and include as 

25 part of the information resource management strategic 


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1 plan of the agency submitted under section 3506(b)(2) of 

2 title 44, United States Code, a plan to modernize the leg3 acy information technology systems of the agency. 

4 (b) CONTENTS.—A modernization plan of an agency 

5 developed under subsection (a) shall include— 

6 (1) an inventory of the legacy information tech7 nology systems of the agency; 

8 (2) an identification of legacy information tech9 nology systems that the agency has prioritized for 

10 updates, modernization, retirement, or disposal; 

11 (3) steps the agency intends to make toward 

12 updating, modernizing, retiring, or disposing of the 

13 legacy information technology systems of the agency 

14 during the 5-year period beginning on the date of 

15 submission of the plan; and 

16 (4) any additional information that the Director 

17 determines necessary or useful for the agency to 

18 consider or include to effectively and efficiently exe19 cute the modernization plan, which may include— 

20 (A) the capacity of the agency to operate 

21 and maintain an updated or modernized legacy 

22 information technology system; 

23 (B) the cost and sources of funding re24 quired to execute the modernization plan; 


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1 (C) any security standards that an up2 dated or modernized legacy information tech3 nology system must meet; 

4 (D) any technology procurement principles 

5 by which the agency should abide; 

6 (E) the degree to which updating or mod7 ernizing a legacy information technology system 

8 is anticipated to gain operational efficiencies, 

9 address technology constraints, meet customer 

10 experience expectation, and support adoption of 

11 and integration with other systems based on 

12 comparable up-to-date technology platforms; 

13 (F) the ability of the agency to transfer 

14 and use data or intelligence held in an agency 

15 legacy information technology system to include 

16 such data or intelligence in the updated or mod17 ernized system, as necessary; and 

18 (G) the ability of the agency to adapt an 

19 updated or modernized legacy information tech20 nology system to changes in policy, technology, 

21 or other user needs, as necessary. 

22 (c) PUBLICATION AND SUBMISSION TO CONGRESS.— 

23 Not later than 30 days after the date on which the head 

24 of an agency submits the modernization plan developed 

25 under subsection (a) as part of the information resource 


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1 management strategic plan of the agency submitted under 

2 section 3506(b)(2) of title 44, United States Code, the 

3 head of the agency shall submit the modernization plan 

4 to the Committee on Homeland Security and Govern5 mental Affairs of the Senate, the Committee on Oversight 

6 and Reform of the House of Representatives, and each 

7 congressional oversight committee of the agency. 

8 SEC. 5. ROLE OF THE OFFICE OF MANAGEMENT AND BUDG9 ET. 

10 Not later than 180 days after the date of enactment 

11 of this Act, the Director, in coordination with the Adminis12 trator of the Office of Electronic Government, shall issue 

13 guidance on the implementation of this Act and the 

14 amendments made by this Act, which shall include— 

15 (1) criteria to determine whether information 

16 technology qualifies as a ‘‘legacy information tech17 nology system’’ for the purposes of compiling the in18 ventory required under section 3(a)(1); 

19 (2) instructions and templates to inform the 

20 compilation of the inventory required under section 

21 3(a)(1), as necessary; 

22 (3) instructions and templates to inform the 

23 compilation and publication of, and any subsequent 

24 updates to, the modernization plans required under 

25 section 4(a), as necessary; and 


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1 (4) any other guidance determined necessary 

2 for the implementation of this Act or the amend3 ments made by this Act, including how the imple4 mentation of this Act or those amendments com5 plements laws, regulations, and guidance relating to 

6 information technology modernization. 

7 SEC. 6. COMPUTERS FOR LEARNING PROGRAM. 

8 (a) IN GENERAL.—The head of each agency may 

9 make available for transfer under subsection (j) of section 

10 11 of the Stevenson-Wydler Technology Innovation Act of 

11 1980 (15 U.S.C. 3710), as added by subsection (b) of this 

12 section, any educationally useful Federal equipment (as 

13 defined in such subsection) that the agency no longer uses. 

14 (b) COMPUTERS FOR LEARNING PROGRAM.—Section 

15 11 of the Stevenson-Wydler Technology Innovation Act of 

16 1980 (15 U.S.C. 3710) is amended by adding at the end 

17 the following: 

18 ‘‘(j) COMPUTERS FOR LEARNING PROGRAM.— 

19 ‘‘(1) DEFINITIONS.—In this subsection: 

20 ‘‘(A) ADMINISTRATOR.—The term ‘Admin21 istrator’ means the Administrator of General 

22 Services. 

23 ‘‘(B) COMMUNITY-BASED EDUCATIONAL

24 ORGANIZATION.—The term ‘community-based 


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1 educational organization’ means a nonprofit en2 tity— 

3 ‘‘(i) that is engaged in collaborative 

4 projects with schools; or 

5 ‘‘(ii) the primary focus of which is 

6 education. 

7 ‘‘(C) EDUCATIONALLY USEFUL FEDERAL

8 EQUIPMENT.—The term ‘educationally useful 

9 Federal equipment’ means— 

10 ‘‘(i) a computer or related peripheral 

11 tool that is appropriate for use in pre12 kindergarten, elementary, middle, or sec13 ondary school education; and 

14 ‘‘(ii) includes— 

15 ‘‘(I) a printer, modem, router, 

16 server, switch, wireless access point, 

17 and network management device; 

18 ‘‘(II) telecommunications and re19 search equipment; and 

20 ‘‘(III) computer software if the 

21 transfer of the license of the software 

22 is permitted. 

23 ‘‘(D) ELIGIBLE ENTITY.—The term ‘eligi24 ble entity’ means— 

25 ‘‘(i) a school; or 


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1 ‘‘(ii) a community-based educational 

2 organization. 

3 ‘‘(E) FEDERAL EXECUTIVE BOARD.—The 

4 term ‘Federal Executive Board’ means a Fed5 eral Executive Board established by the Presi6 dent under section 960.102 of title 5, Code of 

7 Federal Regulations or any successor regula8 tion. 

9 ‘‘(F) NONPROFIT ENTITY.—The term 

10 ‘nonprofit entity’ means an organization de11 scribed under section 501(c) of the Internal 

12 Revenue Code of 1986 and exempt from tax13 ation under section 501(a) of such Code. 

14 ‘‘(G) NONPROFIT REUSE OR RECYCLING

15 PROGRAM.—The term ‘nonprofit reuse or recy16 cling program’ a means nonprofit entity that 

17 has the ability to upgrade computer equipment 

18 at no or low cost for an eligible entity that 

19 takes title to the equipment under this sub20 section. 

21 ‘‘(H) RESEARCH EQUIPMENT.—The term 

22 ‘research equipment’ means property deter23 mined to be essential to conduct scientific or 

24 technical research. 

25 ‘‘(I) SCHOOL.—The term ‘school’— 


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1 ‘‘(i) means an individual public or pri2 vate educational institution for any grade 

3 level between prekindergarten and twelfth 

4 grade; and 

5 ‘‘(ii) includes public school districts. 

6 ‘‘(2) FINDINGS.—Congress finds that— 

7 ‘‘(A) educationally useful Federal equip8 ment is a vital resource of the United States; 

9 and 

10 ‘‘(B) educationally useful Federal equip11 ment is a valuable tool for computer education 

12 if— 

13 ‘‘(i) the equipment can be used as is; 

14 or 

15 ‘‘(ii) professional technicians, stu16 dents, or recycling efforts can separate the 

17 equipment into parts for other computers 

18 or upgrade the equipment. 

19 ‘‘(3) REQUIREMENT.—To the greatest extent 

20 practicable, each Federal agency shall protect and 

21 safeguard educationally useful Federal equipment of 

22 the Federal agency, particularly when that equip23 ment is declared excess or surplus, so that the 

24 equipment may be recycled and transferred, if ap25 propriate, to eligible entities under this subsection. 


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1 ‘‘(4) EFFICIENT TRANSFER OF EDUCATIONALLY

2 USEFUL FEDERAL EQUIPMENT TO SCHOOLS AND

3 NONPROFIT ORGANIZATIONS.— 

4 ‘‘(A) TRANSFER.—Each Federal agency 

5 shall, where appropriate, identify educationally 

6 useful Federal equipment that the Federal 

7 agency no longer needs and transfer the educa8 tionally useful equipment to eligible entities 

9 by— 

10 ‘‘(i) conveying excess educationally 

11 useful Federal equipment directly to an eli12 gible entity pursuant to subsection (i); or 

13 ‘‘(ii) in accordance with subparagraph 

14 (B), reporting excess educationally useful 

15 Federal equipment to the Administrator 

16 for donation to eligible entities when de17 clared surplus, as described in section 

18 549(b)(2)(A)(ii) of title 40, United States 

19 Code. 

20 ‘‘(B) ADVANCE REPORTING.—In reporting 

21 excess educationally useful Federal equipment 

22 under subparagraph (A)(ii), a Federal agency 

23 shall report the equipment as far as possible in 

24 advance of the date the equipment becomes ex25 cess, so that the Administrator may attempt to 


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1 arrange direct transfers from the donating Fed2 eral agency to eligible entities under this sub3 section. 

4 ‘‘(C) REQUIREMENTS.—In conveying edu5 cationally useful Federal equipment under sub6 paragraph (A)(i)— 

7 ‘‘(i) title of the equipment shall trans8 fer directly from the Federal agency to an 

9 eligible entity; 

10 ‘‘(ii) the Federal agency shall report 

11 the conveyance to the Administrator; and 

12 ‘‘(iii) at the direction of the recipient 

13 of the equipment, and if appropriate, the 

14 equipment may be initially conveyed to a 

15 nonprofit reuse or recycling program for 

16 upgrade. 

17 ‘‘(D) TRANSFER BY NONPROFIT REUSE OR

18 RECYCLING PROGRAM.—A nonprofit reuse or 

19 recycling program to which educationally useful 

20 Federal equipment is conveyed for the purpose 

21 of upgrading for an eligible entity under sub22 paragraph (C)(iii) shall transfer the equipment 

23 to the eligible entity upon the completion of the 

24 upgrade. 


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1 ‘‘(E) RESPONSIBILITY FOR COST.—Any 

2 costs relating to a transfer of educationally use3 ful Federal equipment under this subsection 

4 shall be the responsibility of the eligible entity 

5 that receives the transfer. 

6 ‘‘(F) OUTREACH.—The Administrator, in 

7 coordination with the Secretary of Education, 

8 shall perform outreach to eligible entities about 

9 the availability of transfers under this sub10 section by all practicable means, including 

11 through television or print media, community 

12 announcements, and the internet. 

13 ‘‘(G) FEDERAL EXECUTIVE BOARDS.— 

14 Each Federal Executive Board shall help facili15 tate the transfer of educationally useful Federal 

16 equipment from Federal agencies under this 

17 subsection to eligible entities. 

18 ‘‘(5) GUIDANCE, REGULATIONS, AND ASSIST19 ANCE TO CHIEF INFORMATION OFFICERS.—The Ad20 ministrator— 

21 ‘‘(A) may issue guidance or regulations to 

22 facilitate the implementation of this subsection; 

23 and 

24 ‘‘(B) shall provide assistance to the chief 

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1 hance the participation of Federal agencies in 

2 transfers under this subsection. 

3 ‘‘(6) RULE OF CONSTRUCTION.—Nothing in 

4 this subsection shall be construed to prohibit a re5 cipient of educationally useful Federal equipment 

6 from lending that equipment, whether on a perma7 nent or temporary basis, to a teacher, administrator, 

8 student, employee, or other designated individual in 

9 furtherance of educational goals. 

10 ‘‘(7) JUDICIAL REVIEW.—Nothing in this sub11 section shall be construed to create any substantive 

12 or procedural right or benefit enforceable by law by 

13 a party against the United States, its agencies, its 

14 officers, or its employees.’’. 

15 SEC. 7. COMPTROLLER GENERAL REVIEW. 

16 (a) IN GENERAL.—Not later than 3 years after the 

17 date of enactment of this Act, the Comptroller General 

18 shall submit to the Committee on Homeland Security and 

19 Governmental Affairs of the Senate and the Committee 

20 on Oversight and Reform of the House of Representatives 

21 a report on— 

22 (1) the implementation of this Act and the 

23 amendments made by this Act; and 

24 (2) how this Act and the amendments made by 

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1 nology modernization offices, policies, and programs, 

2 such as— 

3 (A) the Technology Modernization Fund 

4 and the IT working capital fund; 

5 (B) the Federal Risk and Authorization 

6 Management Program, the 18F program, and 

7 the 10X program of the General Services Ad8 ministration; 

9 (C) programs and policies of the Office of 

10 Management and Budget, including the Office 

11 of Electronic Government and the United 

12 States Digital Service; and 

13 (D) any other office, policy, or program of 

14 the Federal Government determined relevant by 

15 the Comptroller General. 

16 SEC. 8. PROTECTION OF SENSITIVE INFORMATION; EXEMP17 TION OF NATIONAL SECURITY SYSTEMS. 

18 (a) IN GENERAL.—Nothing in this Act or the amend19 ments made by this Act shall be construed to require the 

20 head of an agency to disclose sensitive information that— 

21 (1) is protected from disclosure under any other 

22 law; or 

23 (2) that would compromise the security of any 

24 information technology system of the Federal Gov25 ernment. 


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1 (b) EXEMPTION.—Nothing in this Act or the amend2 ments made by this Act shall be construed to authorize 

3 or require the head of an agency to inventory, develop a 

4 report relating to, or transfer, a national security system. 

Æ 


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