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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3897 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 653
117th CONGRESS
  2d Session
                                S. 3897

                          [Report No. 117-262]

   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

                           December 15, 2022

                Reported by Mr. Peters, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL

 
   To require the reduction of the reliance and expenditures of the 
 Federal Government on legacy information technology systems, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Legacy IT Reduction Act of 2022''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
            (2) Agency.--The term ``agency'' means an agency described 
        in paragraph (1) or (2) of section 901(b) of title 31, United 
        States Code.
            (3) Chief information officer.--The term ``Chief 
        Information Officer'' means a Chief Information Officer 
        designated under section 3506(a)(2) of title 44, United States 
        Code.
            (4) Comptroller general.--The term ``Comptroller General'' 
        means the Comptroller General of the United States.
            (5) Congressional oversight committee.--The term 
        ``congressional oversight committee'' means, with respect to a 
        particular agency, a committee or subcommittee of the Senate 
        and the House of Representatives that provide provides 
        oversight of the agency.
            (6) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (7) Information technology.--The term ``information 
        technology'' has the meaning given the term in section 11101 of 
        title 40, United States Code.
            (8) IT working capital fund; legacy information technology 
        system.--The terms ``IT working capital fund'' and ``legacy 
        information technology system'' have the meaning given the 
        terms in section 1076 of the National Defense Authorization Act 
        for Fiscal Year 2018 (40 U.S.C. 11301 note; Public Law (115-
        91)).
            (9) National security system.--The term ``national security 
        system'' has the meaning given the term in section 11103 of 
        title 40, United States Code.
            (10) Technology modernization fund.--The term ``Technology 
        Modernization Fund'' means the fund established under section 
        1078(b)(1) of the National Defense Authorization Act for Fiscal 
        Year 2018 (40 U.S.C. 11301 note; Public Law 115-91).

SEC. 3. LEGACY INFORMATION TECHNOLOGY SYSTEM INVENTORY.

    (a) Inventory of Legacy Information Technology Systems.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and not later than 5 years thereafter, 
        the Chief Information Officer of each agency shall compile an 
        inventory that lists each legacy information technology system 
        used, operated, or maintained by the agency.
            (2) Contents.--The Director shall issue guidance 
        prescribing the information that the Chief Information Officer 
        of each agency shall include for each legacy technology 
        information system listed in the inventory required under 
        paragraph (1). In issuing such guidance, the Director shall 
        consider including for each legacy technology information 
        system listed in the inventory--
                    (A) the name or an identification of the legacy 
                information technology system;
                    (B) the office or mission of the agency that the 
                legacy information technology system supports and how 
                the office or mission uses the legacy information 
                technology system;
                    (C) to the extent that information is available--
                            (i) the date of the last update or refresh 
                        of the legacy information technology system;
                            (ii) the annual price, including recurring 
                        subscription costs and any costs to contract 
                        labor to operate or maintain the legacy 
                        information technology system; and
                            (iii) the name and contact information of 
                        the vendor; and
                    (D) the date of the next expected update or 
                modernization, retirement, or disposal of the legacy 
                information technology system.
    (b) Transparency and Accountability.--
            (1) In general.--Upon request by a House of Congress, a 
        congressional oversight committee of an agency, the Comptroller 
        General of the United States, or an inspector general of an 
        agency, the head of the agency shall make available the 
        inventory compiled under subsection (a)(1) or the relevant 
        portion of that inventory.
            (2) Reporting.--The Director may require an agency to 
        include the inventory compiled under subsection (a)(1) in a 
        reporting structure determined by the Director.

SEC. 4. AGENCY LEGACY INFORMATION TECHNOLOGY SYSTEMS MODERNIZATION 
              PLANS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, and every 5 years thereafter, the head of an agency shall 
develop and include as part of the information resource management 
strategic plan of the agency submitted under section 3506(b)(2) of 
title 44, United States Code, a plan to modernize the legacy 
information technology systems of the agency.
    (b) Contents.--A modernization plan of an agency developed under 
subsection (a) shall include--
            (1) an inventory of the legacy information technology 
        systems of the agency;
            (2) an identification of legacy information technology 
        systems that the agency has prioritized for updates, 
        modernization, retirement, or disposal;
            (3) steps the agency intends to make toward updating, 
        modernizing, retiring, or disposing of the legacy information 
        technology systems of the agency prioritized under paragraph 
        (2) during the 5-year period beginning on the date of 
        submission of the plan; and
            (4) any additional information that the Director determines 
        necessary or useful for the agency to consider or include to 
        effectively and efficiently execute the modernization plan, 
        which may include--
                    (A) the capacity of the agency to operate and 
                maintain an updated or modernized legacy information 
                technology system;
                <DELETED>    (B) the cost and sources of funding 
                required to execute the modernization plan;</DELETED>
                <DELETED>    (C) any security standards that an updated 
                or modernized legacy information technology system must 
                meet;</DELETED>
                <DELETED>    (D) any technology procurement principles 
                by which the agency should abide;</DELETED>
                <DELETED>    (E) the degree to which updating or 
                modernizing a legacy information technology system is 
                anticipated to gain operational efficiencies, address 
                technology constraints, meet customer experience 
                expectation, and support adoption of and integration 
                with other systems based on comparable up-to-date 
                technology platforms;</DELETED>
                <DELETED>    (F) the ability of the agency to transfer 
                and use data or intelligence held in an agency legacy 
                information technology system to include such data or 
                intelligence in the updated or modernized system, as 
                necessary; and</DELETED>
                <DELETED>    (G) the ability of the agency to adapt an 
                updated or modernized legacy information technology 
                system to changes in policy, technology, or other user 
                needs, as necessary.</DELETED>
                    (B) the estimated cost and sources of funding 
                required to execute the modernization plan; and
                    (C) the ability of the agency to adapt an updated 
                or modernized legacy information technology system to 
                changes in policy, technology, or other user needs, as 
                necessary.
    (c) Publication and Submission to Congress.--Not later than 30 days 
after the date on which the head of an agency submits the modernization 
plan developed under subsection (a) as part of the information resource 
management strategic plan of the agency submitted under section 
3506(b)(2) of title 44, United States Code, the head of the agency 
shall submit the modernization plan to the Committee on Homeland 
Security and Governmental Affairs of the Senate, the Committee on 
Oversight and Reform of the House of Representatives, and each 
congressional oversight committee of the agency.

SEC. 5. ROLE OF THE OFFICE OF MANAGEMENT AND BUDGET.

    Not later than 180 days after the date of enactment of this Act, 
the Director, in coordination with the Administrator of the Office of 
Electronic Government, shall issue guidance on the implementation of 
this Act and the amendments made by this Act, which shall include--
            (1) criteria to determine whether information technology 
        qualifies as a ``legacy information technology system'' for the 
        purposes of compiling the inventory required under section 
        3(a)(1);
            (2) instructions and templates to inform the compilation of 
        the inventory required under section 3(a)(1), as necessary;
            (3) instructions and templates to inform the compilation 
        and publication of, and any subsequent updates to, the 
        modernization plans required under section 4(a), as necessary; 
        and
            (4) any other guidance determined necessary for the 
        implementation of this Act or the amendments made by this Act, 
        including how the implementation of this Act or those 
        amendments complements laws, regulations, and guidance relating 
        to information technology modernization.

SEC. 6. COMPUTERS FOR LEARNING PROGRAM.

    (a) In General.--The head of each agency may make available for 
transfer under subsection (j) of section 11 of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3710), as added by 
subsection (b) of this section, any educationally useful Federal 
equipment (as defined in such subsection) that the agency no longer 
uses.
    (b) Computers for Learning Program.--Section 11 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710) is amended by 
adding at the end the following:
    ``(j) Computers for Learning Program.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Administrator.--The term `Administrator' 
                means the Administrator of General Services.
                    ``(B) Community-based educational organization.--
                The term `community-based educational organization' 
                means a nonprofit entity--
                            ``(i) that is engaged in collaborative 
                        projects with schools; or
                            ``(ii) the primary focus of which is 
                        education.
                    ``(C) Educationally useful federal equipment.--The 
                term `educationally useful Federal equipment' means--
                            ``(i) a computer or related peripheral tool 
                        that is appropriate for use in prekindergarten, 
                        elementary, middle, or secondary school 
                        education; and
                            ``(ii) includes--
                                    ``(I) a printer, modem, router, 
                                server, switch, wireless access point, 
                                and network management device;
                                    ``(II) telecommunications and 
                                research equipment; and
                                    ``(III) computer software if the 
                                transfer of the license of the software 
                                is permitted.
                    ``(D) Eligible entity.--The term `eligible entity' 
                means--
                            ``(i) a school; or
                            ``(ii) a community-based educational 
                        organization.
                    ``(E) Federal executive board.--The term `Federal 
                Executive Board' means a Federal Executive Board 
                established by the President under section 960.102 of 
                title 5, Code of Federal Regulations or any successor 
                regulation.
                    ``(F) Nonprofit entity.--The term `nonprofit 
                entity' means an organization described under section 
                501(c) of the Internal Revenue Code of 1986 and exempt 
                from taxation under section 501(a) of such Code.
                    ``(G) Nonprofit reuse or recycling program.--The 
                term `nonprofit reuse or recycling program' a means 
                nonprofit entity that has the ability to upgrade 
                computer equipment at no or low cost for an eligible 
                entity that takes title to the equipment under this 
                subsection.
                    ``(H) Research equipment.--The term `research 
                equipment' means property determined to be essential to 
                conduct scientific or technical research.
                    ``(I) School.--The term `school'--
                            ``(i) means an individual public or private 
                        educational institution for any grade level 
                        between prekindergarten and twelfth grade; and
                            ``(ii) includes public school districts.
            ``(2) Findings.--Congress finds that--
                    ``(A) educationally useful Federal equipment is a 
                vital resource of the United States; and
                    ``(B) educationally useful Federal equipment is a 
                valuable tool for computer education if--
                            ``(i) the equipment can be used as is; or
                            ``(ii) professional technicians, students, 
                        or recycling efforts can separate the equipment 
                        into parts for other computers or upgrade the 
                        equipment.
            ``(3) Requirement.--To the greatest extent practicable, 
        each Federal agency shall protect and safeguard educationally 
        useful Federal equipment of the Federal agency, particularly 
        when that equipment is declared excess or surplus, so that the 
        equipment may be recycled and transferred, if appropriate, to 
        eligible entities under this subsection.
            ``(4) Efficient transfer of educationally useful federal 
        equipment to schools and nonprofit organizations.--
                    ``(A) Transfer.--Each Federal agency shall, where 
                appropriate, identify educationally useful Federal 
                equipment that the Federal agency no longer needs and 
                transfer the educationally useful equipment to eligible 
                entities by--
                            ``(i) conveying excess educationally useful 
                        Federal equipment directly to an eligible 
                        entity pursuant to subsection (i); or
                            ``(ii) in accordance with subparagraph (B), 
                        reporting excess educationally useful Federal 
                        equipment to the Administrator for donation to 
                        eligible entities when declared surplus, as 
                        described in section 549(b)(2)(A)(ii) of title 
                        40, United States Code.
                    ``(B) Advance reporting.--In reporting excess 
                educationally useful Federal equipment under 
                subparagraph (A)(ii), a Federal agency shall report the 
                equipment as far as possible in advance of the date the 
                equipment becomes excess, so that the Administrator may 
                attempt to arrange direct transfers from the donating 
                Federal agency to eligible entities under this 
                subsection.
                    ``(C) Requirements.--In conveying educationally 
                useful Federal equipment under subparagraph (A)(i)--
                            ``(i) title of the equipment shall transfer 
                        directly from the Federal agency to an eligible 
                        entity;
                            ``(ii) the Federal agency shall report the 
                        conveyance to the Administrator; and
                            ``(iii) at the direction of the recipient 
                        of the equipment, and if appropriate, the 
                        equipment may be initially conveyed to a 
                        nonprofit reuse or recycling program for 
                        upgrade.
                    ``(D) Transfer by nonprofit reuse or recycling 
                program.--A nonprofit reuse or recycling program to 
                which educationally useful Federal equipment is 
                conveyed for the purpose of upgrading for an eligible 
                entity under subparagraph (C)(iii) shall transfer the 
                equipment to the eligible entity upon the completion of 
                the upgrade.
                    ``(E) Responsibility for cost.--Any costs relating 
                to a transfer of educationally useful Federal equipment 
                under this subsection shall be the responsibility of 
                the eligible entity that receives the transfer.
                    ``(F) Outreach.--The Administrator, in coordination 
                with the Secretary of Education, shall perform outreach 
                to eligible entities about the availability of 
                transfers under this subsection by all practicable 
                means, including through television or print media, 
                community announcements, and the internet.
                    ``(G) Federal executive boards.--Each Federal 
                Executive Board shall help facilitate the transfer of 
                educationally useful Federal equipment from Federal 
                agencies under this subsection to eligible entities.
            ``(5) Guidance, regulations, and assistance to chief 
        information officers.--The Administrator--
                    ``(A) may issue guidance or regulations to 
                facilitate the implementation of this subsection; and
                    ``(B) shall provide assistance to the chief 
                information officers of Federal agencies to enhance the 
                participation of Federal agencies in transfers under 
                this subsection.
            ``(6) Rule of construction.--Nothing in this subsection 
        shall be construed to prohibit a recipient of educationally 
        useful Federal equipment from lending that equipment, whether 
        on a permanent or temporary basis, to a teacher, administrator, 
        student, employee, or other designated individual in 
        furtherance of educational goals.
            ``(7) Judicial review.--Nothing in this subsection shall be 
        construed to create any substantive or procedural right or 
        benefit enforceable by law by a party against the United 
        States, its agencies, its officers, or its employees.''.

SEC. 7. COMPTROLLER GENERAL REVIEW.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Comptroller General shall submit to the Committee on 
Homeland Security and Governmental Affairs of the Senate and the 
Committee on Oversight and Reform of the House of Representatives a 
report on--
            (1) the implementation of this Act and the amendments made 
        by this Act; and
            (2) how this Act and the amendments made by this Act 
        function alongside other information technology modernization 
        offices, policies, and programs, such as--
                    (A) the Technology Modernization Fund and the IT 
                working capital fund;
                    (B) the Federal Risk and Authorization Management 
                Program, the 18F program, and the 10X program of the 
                General Services Administration;
                    (C) programs and policies of the Office of 
                Management and Budget, including the Office of 
                Electronic Government and the United States Digital 
                Service; and
                    (D) any other office, policy, or program of the 
                Federal Government determined relevant by the 
                Comptroller General.

SEC. 8. PROTECTION OF SENSITIVE INFORMATION; EXEMPTION OF NATIONAL 
              SECURITY SYSTEMS.

    (a) In General.--Nothing in this Act or the amendments made by this 
Act shall be construed to require the head of an agency to disclose 
sensitive information that--
            (1) is protected from disclosure under any other law; or
            (2) that would compromise the security of any information 
        technology system of the Federal Government.
    (b) Exemption.--Nothing in this Act or the amendments made by this 
Act shall be construed to authorize or require the head of an agency to 
inventory, develop a report relating to, or transfer, a national 
security system.
                                                       Calendar No. 653

117th CONGRESS

  2d Session

                                S. 3897

                          [Report No. 117-262]

_______________________________________________________________________

                                 A BILL

   To require the reduction of the reliance and expenditures of the 
 Federal Government on legacy information technology systems, and for 
                            other purposes.

_______________________________________________________________________

                           December 15, 2022

                        Reported with amendments
```