II 

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. 

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’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of General Serv5 ices. 

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

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

8 901(b) of title 31, United States Code. 

9 (3) CHIEF INFORMATION OFFICER.—The term 

10 ‘‘Chief Information Officer’’ means a Chief Informa11 tion Officer designated under section 3506(a)(2) of 

12 title 44, United States Code. 

13 (4) COMPTROLLER GENERAL.—The term 

14 ‘‘Comptroller General’’ means the Comptroller Gen15 eral of the United States. 

16 (5) CONGRESSIONAL OVERSIGHT COMMITTEE.— 

17 The term ‘‘congressional oversight committee’’ 

18 means, with respect to a particular agency, a com19 mittee or subcommittee of the Senate and the House 

20 of Representatives that provide provides oversight of 

21 the agency. 

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

23 the Director of the Office of Management and Budg24 et. 

25 (7) INFORMATION TECHNOLOGY.—The term 

26 ‘‘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 annual price, including recur24 ring subscription costs and any costs to 


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1 contract labor to operate or maintain the 

2 legacy information 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 prioritized under paragraph (2) during the 5-year 

15 period beginning on the date of submission of the 

16 plan; and 

17 (4) any additional information that the Director 

18 determines necessary or useful for the agency to 

19 consider or include to effectively and efficiently exe20 cute the modernization plan, which may include— 

21 (A) the capacity of the agency to operate 

22 and maintain an updated or modernized legacy 

23 information technology system; 

24 (B) the cost and sources of funding re25 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 (B) the estimated cost and sources of fund23 ing required to execute the modernization plan; 

24 and 


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1 (C) the ability of the agency to adapt an 

2 updated or modernized legacy information tech3 nology system to changes in policy, technology, 

4 or other user needs, as necessary. 

5 (c) PUBLICATION AND SUBMISSION TO CONGRESS.— 

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

7 of an agency submits the modernization plan developed 

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

9 management strategic plan of the agency submitted under 

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

11 head of the agency shall submit the modernization plan 

12 to the Committee on Homeland Security and Govern13 mental Affairs of the Senate, the Committee on Oversight 

14 and Reform of the House of Representatives, and each 

15 congressional oversight committee of the agency. 

16 SEC. 5. ROLE OF THE OFFICE OF MANAGEMENT AND BUDG17 ET. 

18 Not later than 180 days after the date of enactment 

19 of this Act, the Director, in coordination with the Adminis20 trator of the Office of Electronic Government, shall issue 

21 guidance on the implementation of this Act and the 

22 amendments made by this Act, which shall include— 

23 (1) criteria to determine whether information 

24 technology qualifies as a ‘‘legacy information techVerDate Sep 11 2014 05:01 Dec 16, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3897.RS S3897

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1 nology system’’ for the purposes of compiling the in2 ventory required under section 3(a)(1); 

3 (2) instructions and templates to inform the 

4 compilation of the inventory required under section 

5 3(a)(1), as necessary; 

6 (3) instructions and templates to inform the 

7 compilation and publication of, and any subsequent 

8 updates to, the modernization plans required under 

9 section 4(a), as necessary; and 

10 (4) any other guidance determined necessary 

11 for the implementation of this Act or the amend12 ments made by this Act, including how the imple13 mentation of this Act or those amendments com14 plements laws, regulations, and guidance relating to 

15 information technology modernization. 

16 SEC. 6. COMPUTERS FOR LEARNING PROGRAM. 

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

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

19 11 of the Stevenson-Wydler Technology Innovation Act of 

20 1980 (15 U.S.C. 3710), as added by subsection (b) of this 

21 section, any educationally useful Federal equipment (as 

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

23 (b) COMPUTERS FOR LEARNING PROGRAM.—Section 

24 11 of the Stevenson-Wydler Technology Innovation Act of 


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1 1980 (15 U.S.C. 3710) is amended by adding at the end 

2 the following: 

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

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

5 ‘‘(A) ADMINISTRATOR.—The term ‘Admin6 istrator’ means the Administrator of General 

7 Services. 

8 ‘‘(B) COMMUNITY-BASED EDUCATIONAL

9 ORGANIZATION.—The term ‘community-based 

10 educational organization’ means a nonprofit en11 tity— 

12 ‘‘(i) that is engaged in collaborative 

13 projects with schools; or 

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

15 education. 

16 ‘‘(C) EDUCATIONALLY USEFUL FEDERAL

17 EQUIPMENT.—The term ‘educationally useful 

18 Federal equipment’ means— 

19 ‘‘(i) a computer or related peripheral 

20 tool that is appropriate for use in pre21 kindergarten, elementary, middle, or sec22 ondary school education; and 

23 ‘‘(ii) includes— 


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1 ‘‘(I) a printer, modem, router, 

2 server, switch, wireless access point, 

3 and network management device; 

4 ‘‘(II) telecommunications and re5 search equipment; and 

6 ‘‘(III) computer software if the 

7 transfer of the license of the software 

8 is permitted. 

9 ‘‘(D) ELIGIBLE ENTITY.—The term ‘eligi10 ble entity’ means— 

11 ‘‘(i) a school; or 

12 ‘‘(ii) a community-based educational 

13 organization. 

14 ‘‘(E) FEDERAL EXECUTIVE BOARD.—The 

15 term ‘Federal Executive Board’ means a Fed16 eral Executive Board established by the Presi17 dent under section 960.102 of title 5, Code of 

18 Federal Regulations or any successor regula19 tion. 

20 ‘‘(F) NONPROFIT ENTITY.—The term 

21 ‘nonprofit entity’ means an organization de22 scribed under section 501(c) of the Internal 

23 Revenue Code of 1986 and exempt from tax24 ation under section 501(a) of such Code. 


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1 ‘‘(G) NONPROFIT REUSE OR RECYCLING

2 PROGRAM.—The term ‘nonprofit reuse or recy3 cling program’ a means nonprofit entity that 

4 has the ability to upgrade computer equipment 

5 at no or low cost for an eligible entity that 

6 takes title to the equipment under this sub7 section. 

8 ‘‘(H) RESEARCH EQUIPMENT.—The term 

9 ‘research equipment’ means property deter10 mined to be essential to conduct scientific or 

11 technical research. 

12 ‘‘(I) SCHOOL.—The term ‘school’— 

13 ‘‘(i) means an individual public or pri14 vate educational institution for any grade 

15 level between prekindergarten and twelfth 

16 grade; and 

17 ‘‘(ii) includes public school districts. 

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

19 ‘‘(A) educationally useful Federal equip20 ment is a vital resource of the United States; 

21 and 

22 ‘‘(B) educationally useful Federal equip23 ment is a valuable tool for computer education 

24 if— 


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

2 or 

3 ‘‘(ii) professional technicians, stu4 dents, or recycling efforts can separate the 

5 equipment into parts for other computers 

6 or upgrade the equipment. 

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

8 practicable, each Federal agency shall protect and 

9 safeguard educationally useful Federal equipment of 

10 the Federal agency, particularly when that equip11 ment is declared excess or surplus, so that the 

12 equipment may be recycled and transferred, if ap13 propriate, to eligible entities under this subsection. 

14 ‘‘(4) EFFICIENT TRANSFER OF EDUCATIONALLY

15 USEFUL FEDERAL EQUIPMENT TO SCHOOLS AND

16 NONPROFIT ORGANIZATIONS.— 

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

18 shall, where appropriate, identify educationally 

19 useful Federal equipment that the Federal 

20 agency no longer needs and transfer the educa21 tionally useful equipment to eligible entities 

22 by— 

23 ‘‘(i) conveying excess educationally 

24 useful Federal equipment directly to an eli25 gible entity pursuant to subsection (i); or 


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1 ‘‘(ii) in accordance with subparagraph 

2 (B), reporting excess educationally useful 

3 Federal equipment to the Administrator 

4 for donation to eligible entities when de5 clared surplus, as described in section 

6 549(b)(2)(A)(ii) of title 40, United States 

7 Code. 

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

9 excess educationally useful Federal equipment 

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

11 shall report the equipment as far as possible in 

12 advance of the date the equipment becomes ex13 cess, so that the Administrator may attempt to 

14 arrange direct transfers from the donating Fed15 eral agency to eligible entities under this sub16 section. 

17 ‘‘(C) REQUIREMENTS.—In conveying edu18 cationally useful Federal equipment under sub19 paragraph (A)(i)— 

20 ‘‘(i) title of the equipment shall trans21 fer directly from the Federal agency to an 

22 eligible entity; 

23 ‘‘(ii) the Federal agency shall report 

24 the conveyance to the Administrator; and 


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

2 of the equipment, and if appropriate, the 

3 equipment may be initially conveyed to a 

4 nonprofit reuse or recycling program for 

5 upgrade. 

6 ‘‘(D) TRANSFER BY NONPROFIT REUSE OR

7 RECYCLING PROGRAM.—A nonprofit reuse or 

8 recycling program to which educationally useful 

9 Federal equipment is conveyed for the purpose 

10 of upgrading for an eligible entity under sub11 paragraph (C)(iii) shall transfer the equipment 

12 to the eligible entity upon the completion of the 

13 upgrade. 

14 ‘‘(E) RESPONSIBILITY FOR COST.—Any 

15 costs relating to a transfer of educationally use16 ful Federal equipment under this subsection 

17 shall be the responsibility of the eligible entity 

18 that receives the transfer. 

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

20 coordination with the Secretary of Education, 

21 shall perform outreach to eligible entities about 

22 the availability of transfers under this sub23 section by all practicable means, including 

24 through television or print media, community 

25 announcements, and the internet. 


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1 ‘‘(G) FEDERAL EXECUTIVE BOARDS.— 

2 Each Federal Executive Board shall help facili3 tate the transfer of educationally useful Federal 

4 equipment from Federal agencies under this 

5 subsection to eligible entities. 

6 ‘‘(5) GUIDANCE, REGULATIONS, AND ASSIST7 ANCE TO CHIEF INFORMATION OFFICERS.—The Ad8 ministrator— 

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

10 facilitate the implementation of this subsection; 

11 and 

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

13 information officers of Federal agencies to en14 hance the participation of Federal agencies in 

15 transfers under this subsection. 

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

17 this subsection shall be construed to prohibit a re18 cipient of educationally useful Federal equipment 

19 from lending that equipment, whether on a perma20 nent or temporary basis, to a teacher, administrator, 

21 student, employee, or other designated individual in 

22 furtherance of educational goals. 

23 ‘‘(7) JUDICIAL REVIEW.—Nothing in this sub24 section shall be construed to create any substantive 

25 or procedural right or benefit enforceable by law by 


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

2 officers, or its employees.’’. 

3 SEC. 7. COMPTROLLER GENERAL REVIEW. 

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

5 date of enactment of this Act, the Comptroller General 

6 shall submit to the Committee on Homeland Security and 

7 Governmental Affairs of the Senate and the Committee 

8 on Oversight and Reform of the House of Representatives 

9 a report on— 

10 (1) the implementation of this Act and the 

11 amendments made by this Act; and 

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

13 this Act function alongside other information tech14 nology modernization offices, policies, and programs, 

15 such as— 

16 (A) the Technology Modernization Fund 

17 and the IT working capital fund; 

18 (B) the Federal Risk and Authorization 

19 Management Program, the 18F program, and 

20 the 10X program of the General Services Ad21 ministration; 

22 (C) programs and policies of the Office of 

23 Management and Budget, including the Office 

24 of Electronic Government and the United 

25 States Digital Service; and 


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

2 the Federal Government determined relevant by 

3 the Comptroller General. 

4 SEC. 8. PROTECTION OF SENSITIVE INFORMATION; EXEMP5 TION OF NATIONAL SECURITY SYSTEMS. 

6 (a) IN GENERAL.—Nothing in this Act or the amend7 ments made by this Act shall be construed to require the 

8 head of an agency to disclose sensitive information that— 

9 (1) is protected from disclosure under any other 

10 law; or 

11 (2) that would compromise the security of any 

12 information technology system of the Federal Gov13 ernment. 

14 (b) EXEMPTION.—Nothing in this Act or the amend15 ments made by this Act shall be construed to authorize 

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

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


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Calendar No. 653 

117TH CONGRESS 

2D SESSION S. 3897 

[Report No. 117–262] 

A BILL 

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

DECEMBER 15, 2022 

Reported with amendments 


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