Sec. 3. Software entitlement and inventory integrity
571 words·~3 min read·
/bill/117/s/4908/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As soon as practicable, and not later than 1 year after the date of enactment of this Act, the Chief Information Officer of each agency, in consultation with the Chief Financial Officer, the Chief Procurement Officer, and General Counsel of the agency, or the equivalent officials of the agency, shall complete a comprehensive assessment of the software entitlements and software inventories of the agency, which shall include— the current software inventory of the agency, including software entitlements, contracts and other agreements or arrangements of the agency, and a list of the largest software entitlements of the agency separated by vendor; a comprehensive, detailed accounting of— any software deployed for the agency as of the date of the comprehensive assessment, including, to the extent identifiable, the contracts and other agreements or arrangements that the agency uses to acquire, deploy, or use such software; information and data on software entitlements— for which the agency pays; that are not deployed or in use by the agency; and that are billed to the agency under any contract or business arrangement that creates redundancy in the deployment or use by the agency; and the extent— to which any software paid for, in use, or deployed throughout the agency is interoperable; and of the efforts of the agency to improve interoperability of software assets throughout the agency enterprise; a categorization of software licenses of the agency by costs and volume; a list of any provisions in the software licenses of the agency that may restrict how the software can be deployed or accessed, either on desktop or server hardware or through a cloud service provider; and an analysis addressing— the accuracy and completeness of the software inventory and software entitlements of the agency before and after the comprehensive assessment; management by the agency of and compliance by the agency with all contracts or other agreements or arrangements that include or implicate software licensing or software management within the agency; the extent to which the agency accurately captures the total costs of enterprise licenses agreements and related costs; and compliance with software license management policies of the agency.
The head of an agency may enter into 1 or more contracts to support the requirements of subsection (a). Contracts under paragraph
(1)shall not include contractors with organization conflicts of interest. Over the course of a comprehensive assessment, contractors hired pursuant to paragraph
(1)shall maintain operational independence from the integration, management, and operations of the software inventory and software entitlements of the agency. On the date on which the Chief Information Officer, Chief Financial Officer, Chief Procurement Officer, and General Counsel of an agency, or the equivalent officials of the agency, complete the comprehensive assessment, and not later than 1 year after the date of enactment of this Act, the Chief Information Officer shall submit the comprehensive assessment to— the head of the agency; the Director; the Administrator; the Comptroller General of the United States; the Committee on Homeland Security and Governmental Affairs of the Senate; and the Committee on Oversight and Reform of the House of Representatives. In order to ensure the utility and standardization of the comprehensive assessment of each agency, including to support the development of each plan and the governmentwide strategy described in section 5, the Director, in consultation with the Administrator, may share information, best practices, and recommendations relating to the activities performed in the course of a comprehensive assessment of an agency.