,,ic #aacth ,,congress #b;d ,session ,s4 #afaa ,,in ,,the ,,house ,,of ,,representatives ,september #ai1 #bjad ,referred to the ,committee on ,oversight and ,government ,reform1 and in addition to the ,committee on ,armed ,services1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,,an ,,act ,to require certain agencies to conduct assessments of data centers and develop data center consolidation and optimization plans4 #a4 ,short title ,this ,act may be cited as the ,federal ,data ,center ,consolidation ,act of #bjac4 #b4 ,federal data center consolidation initiative 7a7 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator for the ,office of ,e-,government and ,information ,technology within the ,office of ,management and ,budget4 7#b7 ,covered agency ,the term covered agency means the following 7including all associated components of the agency73 7,a7 ,department of ,agriculture2 7,b7 ,department of ,commerce2 7,c7 ,department of ,defense2 7,d7 ,department of ,education2 7,e7 ,department of ,energy2 7,f7 ,department of ,health and ,human ,services2 7,g7 ,department of ,homeland ,security2 7,h7 ,department of ,housing and ,urban ,development2 7,i7 ,department of the ,interior2 7,j7 ,department of ,justice2 7,k7 ,department of ,labor2 7,l7 ,department of ,state2 7,m7 ,department of ,transportation2 7,n7 ,department of ,treasury2 7,o7 ,department of ,veterans ,affairs2 7,p7 ,environmental ,protection ,agency2 7,q7 ,general ,services ,administration2 7,r7 ,national ,aeronautics and ,space ,administration2 7,s7 ,national ,science ,foundation2 7,t7 ,nuclear ,regulatory ,commission2 7,u7 ,office of ,personnel ,management2 7,v7 ,small ,business ,administration2 7,w7 ,social ,security ,administration2 and 7,x7 ,united ,states ,agency for ,international ,development4 7#c7 ,,fdcci ,the term ,,fdcci means the ,federal ,data ,center ,consolidation ,initiative described in the ,office of ,management and ,budget ,memorandum on the ,federal ,data ,center ,consolidation ,initiative1 dated ,february #bf1 #bjaj1 or any successor thereto4 7#d7 ,government-wide data center consolidation and optimization metrics ,the term ,government-wide data center consolidation and optimization metrics means the metrics established by the ,administrator under subsection 7b77#b77;,g74 7b7 ,federal data center consolidation inventories and strategies 7#a7 ,in general 7,a7 ,annual reporting ,each year1 beginning in the first fiscal year after the date of enactment of this ,act and each fiscal year thereafter1 the head of each covered agency1 assisted by the ,chief ,information ,officer of the agency1 shall submit to the ,administrator-- 7i7 a comprehensive inventory of the data centers owned1 operated1 or maintained by or on behalf of the agency2 and 7ii7 a multi-year strategy to achieve the consolidation and optimization of the data centers inventoried under clause 7i71 that includes-- 7,i7 performance metrics-- 7aa7 that are consistent with the ,government-wide data center consolidation and optimization metrics2 and 7bb7 by which the quantitative and qualitative progress of the agency toward the goals of the ,,fdcci can be measured2 7,,ii7 a timeline for agency activities to be completed under the ,,fdcci1 with an emphasis on benchmarks the agency can achieve by specific dates2 7,,iii7 year-by-year calculations of investment and cost savings for the period beginning on the date of enactment of this ,act and ending on the date described in subsection 7e71 broken down by each year1 including a description of any initial costs for data center consolidation and optimization and life cycle cost savings and other improvements1 with an emphasis on-- 7aa7 meeting the ,government-wide data center consolidation and optimization metrics2 and 7bb7 demonstrating the amount of agency-specific cost savings each fiscal year achieved through the ,,fdcci2 and 7,,iv7 any additional information required by the ,administrator4 7,b7 ,use of other reporting structures ,the ,administrator may require a covered agency to include the information required to be submitted under this subsection through reporting structures determined by the ,administrator to be appropriate4 7,c7 ,department of ,defense reporting ,for any year that the ,department of ,defense is required to submit a performance plan for reduction of resources required for data servers and centers1 as required under section #bhfg7;b7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjab 7#aj ,u4,s4,c4 #bbbc;a note71 the ,department of ,defense-- 7i7 may submit to the ,administrator1 in lieu of the multi-year strategy required under subparagraph 7,a77ii7-- 7,i7 the defense-wide plan required under section #bhfg7;b77#b7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjab 7#aj ,u4,s4,c4 #bbbc;a note72 and 7,,ii7 the report on cost savings required under section #bhfg7;d7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjab 7#aj ,u4,s4,c4 #bbbc;a note72 and 7ii7 shall submit the comprehensive inventory required under subparagraph 7,a77i71 unless the defense-wide plan required under section #bhfg7;b77#b7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjab 7#aj ,u4,s4,c4 #bbbc;a note7-- 7,i7 contains a comparable comprehensive inventory2 and 7,,ii7 is submitted under clause 7i74 7,d7 ,statement ,each year1 beginning in the first fiscal year after the date of enactment of this ,act and each fiscal year thereafter1 the head of each covered agency1 acting through the ,chief ,information ,officer of the agency1 shall-- 7i7 7,i7 submit a statement to the ,administrator stating whether the agency has complied with the requirements of this ,act2 and 7,,ii7 make the statement submitted under subclause 7,i7 publically available2 and 7ii7 if the agency has not complied with the requirements of this ,act1 submit a statement to the ,administrator explaining the reasons for not complying with such requirements4 7,e7 ,agency implementation of strategies ,each covered agency1 under the direction of the ,chief ,information ,officer of the agency1 shall-- 7i7 implement the strategy required under subparagraph 7,a77ii72 and 7ii7 provide updates to the ,administrator1 on a quarterly basis1 of-- 7,i7 the completion of activities by the agency under the ,,fdcci2 7,,ii7 any progress of the agency towards meeting the ,government-wide data center consolidation and optimization metrics2 and 7,,iii7 the actual cost savings and other improvements realized through the implementation of the strategy of the agency4 7,f7 ,rule of construction ,nothing in this ,act shall be construed to limit the reporting of information by a covered agency to the ,administrator1 the ,director of the ,office of ,management and ,budget1 or ,congress4 7#b7 ,administrator responsibilities ,the ,administrator shall-- 7,a7 establish the deadline1 on an annual basis1 for covered agencies to submit information under this section2 7,b7 establish a list of requirements that the covered agencies must meet to be considered in compliance with paragraph 7#a72 7,c7 ensure that information relating to agency progress towards meeting the ,government-wide data center consolidation and optimization metrics is made available in a timely manner to the general public2 7,d7 review the inventories and strategies submitted under paragraph 7#a7 to determine whether they are comprehensive and complete2 7,e7 monitor the implementation of the data center strategy of each covered agency that is required under paragraph 7#a77;,a77ii72 7,f7 update1 on an annual basis1 the cumulative cost savings realized through the implementation of the ,,fdcci2 and 7,g7 establish metrics applicable to the consolidation and optimization of data centers ,government-wide1 including metrics with respect to-- 7i7 costs2 7ii7 efficiencies1 including at least server efficiency2 and 7iii7 any other metrics the ,administrator establishes under this subparagraph4 7#c7 ,cost saving goal and updates for ,congress 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall develop1 and make publically available1 a goal1 broken down by year1 for the amount of planned cost savings and optimization improvements achieved through the ,,fdcci during the period beginning on the date of enactment of this ,act and ending on the date described in subsection 7e74 7,b7 ,annual update 7i7 ,in general ,not later than #a year after the date on which the goal described in subparagraph 7,a7 is made publically available1 and each year thereafter1 the ,administrator shall aggregate the reported cost savings of each covered agency and optimization improvements achieved to date through the ,,fdcci and compare the savings to the projected cost savings and optimization improvements developed under subparagraph 7,a74 7ii7 ,update for ,congress ,the goal required to be developed under subparagraph 7,a7 shall be submitted to ,congress and shall be accompanied by a statement describing-- 7,i7 whether each covered agency has in fact submitted a comprehensive asset inventory1 including an assessment broken down by agency1 which shall include the specific numbers1 utilization1 and efficiency level of data centers2 and 7,,ii7 whether each covered agency has submitted a comprehensive consolidation strategy with the key elements described in paragraph 7#a77;,a77ii74 7#d7 ,,gao ,review 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 the ,comptroller ,general of the ,united ,states shall review and verify the quality and completeness of the asset inventory and strategy of each covered agency required under paragraph 7#a77;,a74 7,b7 ,report ,the ,comptroller ,general of the ,united ,states shall1 on an annual basis1 publish a report on each review conducted under subparagraph 7,a74 7c7 ,ensuring cybersecurity standards for data center consolidation and cloud computing 7#a7 ,in general ,in implementing a data center consolidation and optimization strategy under this ,act1 a covered agency shall do so in a manner that is consistent with ,federal guidelines on cloud computing security1 including-- 7,a7 applicable provisions found within the ,federal ,risk and ,authorization ,management ,program 7,fed,r,a,m,p72 and 7,b7 guidance published by the ,national ,institute of ,standards and ,technology4 7#b7 ,rule of construction ,nothing in this ,act shall be construed to limit the ability of the ,director of the ,office of ,management and ,budget to update or modify the ,federal guidelines on cloud computing security4 7d7 ,waiver of requirements ,the ,director of ,national ,intelligence and the ,secretary of ,defense1 or their respective designee1 may waive the applicability to any national security system1 as defined in section #cedb of title #dd1 ,united ,states ,code1 of any provision of this ,act if the ,director of ,national ,intelligence or the ,secretary of ,defense1 or their respective designee1 determines that such waiver is in the interest of national security4 ,not later than #cj days after making a waiver under this subsection1 the ,director of ,national ,intelligence or the ,secretary of ,defense1 or their respective designee1 shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs and the ,select ,committee on ,intelligence of the ,senate and the ,committee on ,oversight and ,government ,reform and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives a statement describing the waiver and the reasons for the waiver4 7e7 ,sunset ,this ,act is repealed effective on ,october #a1 #bjah4 ,passed the ,senate ,september #ah1 #bjad4,nancy ,erickson1,secretary