[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3897 Introduced in Senate (IS)]
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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.
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 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 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 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;
(B) the cost and sources of funding required to
execute the modernization plan;
(C) any security standards that an updated or
modernized legacy information technology system must
meet;
(D) any technology procurement principles by which
the agency should abide;
(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;
(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
(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.
(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.
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