S. 1611 — Reported in Senate

II Calendar No. 372 113th CONGRESS 2d Session S. 1611 [Report No. 113–157] IN THE SENATE OF THE UNITED STATES October 30, 2013Mr. Bennet (for himself, Mr. Coburn, Ms. Ayotte, and Mr. Carper) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs May 6, 2014Reported by Mr. Carper, with an amendmentStrike out all after the enacting clause and insert the part printed in italic A BILL To require certain agencies to conduct assessments of data centers and develop data center consolidation and optimization plans. 1. Short title This Act may be cited as the Federal Data Center Consolidation Act of 2013. 2. Federal data center consolidation initiative (a) Definitions In this Act: (1) Administrator The term Administrator means the Administrator for the Office of E-Government and Information Technology within the Office of Management and Budget. (2) 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 Initiative, dated February 26, 2010, or any successor thereto. (b) Federal data center consolidation inventories and strategies (1) In general (A) Annual reporting Each year, beginning in the first fiscal year after the date of enactment of this Act and for each of the 4 fiscal years thereafter, the head of each agency that is described in subparagraph (D), assisted by the Chief Information Officer of the agency, shall submit to the Administrator— (i) a comprehensive asset inventory of the data centers owned, operated, or maintained by or on behalf of the agency, even if the center is administered by a third party; and (ii) a multi-year strategy to achieve the optimization and consolidation of agency data center assets, that includes— (I) performance metrics— (aa) that are consistent with performance metrics established by the Administrator under subparagraphs (C) and (G) of paragraph (2); and (bb) by which the quantitative and qualitative progress of the agency toward data center consolidation goals can be measured; (II) a timeline for agency activities completed under the FDCCI, with an emphasis on benchmarks the agency can achieve by specific dates; (III) an aggregation of year-by-year investment and cost savings calculations for the period beginning on the date of enactment of this Act and ending on the date described in subsection (e), broken down by each year, including a description of any initial costs for data center consolidation and life cycle cost savings, with an emphasis on— (aa) meeting the Government-wide performance metrics described in subparagraphs (C) and (G) of paragraph (2); and (bb) demonstrating agency-specific savings each fiscal year achieved through the FDCCI; and (IV) any additional information required by the Administrator. (B) Use of existing reporting structures The Administrator may require agencies described in subparagraph (D) to submit any information required to be submitted under this subsection through reporting structures in use as of the date of enactment of this Act. (C) Certification Each year, beginning in the first fiscal year after the date of enactment of this Act and for each of the 4 fiscal years thereafter, acting through the chief information officer of the agency, shall submit a statement to the Administrator certifying that the agency has complied with the requirements of this Act. (D) Agencies described The agencies (including all associated components of the agency) described in this paragraph are the— (i) Department of Agriculture; (ii) Department of Commerce; (iii) Department of Defense; (iv) Department of Education; (v) Department of Energy; (vi) Department of Health and Human Services; (vii) Department of Homeland Security; (viii) Department of Housing and Urban Development; (ix) Department of the Interior; (x) Department of Justice; (xi) Department of Labor; (xii) Department of State; (xiii) Department of Transportation; (xiv) Department of the Treasury; (xv) Department of Veterans Affairs; (xvi) Environmental Protection Agency; (xvii) General Services Administration; (xviii) National Aeronautics and Space Administration; (xix) National Science Foundation; (xx) Nuclear Regulatory Commission; (xxi) Office of Personnel Management; (xxii) Small Business Administration; (xxiii) Social Security Administration; and (xxiv) United States Agency for International Development. (E) Agency implementation of strategies Each agency described in subparagraph (D), under the direction of the Chief Information Officer of the agency shall— (i) implement the consolidation strategy required under subparagraph (A)(ii); and (ii) provide updates to the Administrator, on a quarterly basis, of— (I) the completion of activities by the agency under the FDCCI; (II) any progress of the agency towards meeting the Government-wide data center performance metrics described in subparagraphs (C) and (G) of paragraph (2); and (III) the actual cost savings realized through the implementation of the FDCCI. (F) Rule of construction Nothing in this paragraph shall be construed to limit the reporting of information by any agency described in subparagraph (F) to the Administrator, the Director of the Office of Management and Budget, or to Congress. (2) Administrator responsibilities The Administrator shall— (A) establish the deadline, on an annual basis, for agencies to submit information under this section; (B) establish a list of requirements that the agencies must meet to be considered in compliance with paragraph (1); (C) ensure that each certification submitted under paragraph (1)(C) and information relating to agency progress towards meeting the Government-wide total cost of ownership optimization and consolidation metrics is made available in a timely manner to the general public; (D) review the plans submitted under paragraph (1) to determine whether each plan is comprehensive and complete; (E) monitor the implementation of the data center plan of each agency described in paragraph (1)(A)(ii); (F) update, on an annual basis, the cumulative cost savings realized through the implementation of the agency plans; and (G) establish Government-wide data center total cost of ownership optimization and consolidation metrics, which shall include server efficiency and other comprehensive metrics established at the discretion of the Administrator. (3) Cost saving goal and updates for Congress (A) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall develop and publish a goal for the total amount of planned cost savings by the Federal Government through the Federal Data Center Consolidation Initiative during the 5-year period beginning on the date of enactment of this Act, which shall include a breakdown on a year-by-year basis of the projected savings. (B) Annual update (i) In general Not later than 1 year after the date on which the goal described in subparagraph (A) is determined and each year thereafter until the end of 2018, the Administrator shall aggregate the savings achieved to date, by each relevant agency, through the FDCCI as compared to the projected savings developed under subparagraph (A) (based on data collected from each affected agency under paragraph (1)). (ii) Update for Congress The goal required to be developed and published under subparagraph (A) shall be submitted to Congress and shall include an update on the progress made by each agency described in subsection paragraph (1)(E) on— (I) whether each agency has in fact submitted a comprehensive asset inventory, including an assessment broken down by agency, which shall include the specific numbers, utilization, and efficiency level of data centers; and (II) whether each agency has submitted a comprehensive consolidation plan with the key elements described in paragraph (1)(A)(ii). (iii) Request for information Upon request from the Committee on Homeland Security and Governmental Affairs of the Senate or the Committee on Oversight and Government Reform of the House of Representatives, the head of an agency described in paragraph (1)(E) or the Director of the Office of Management and Budget shall submit to the requesting committee any report or information submitted to the Office of Management and Budget for the purpose of preparing a report required under clause (i) or an updated progress report required under clause (ii). (4) GAO Review (A) In general During the 5-fiscal-year period following the date of enactment of this Act, the Comptroller General of the United States shall review the quality and completeness, and verify, each agency's asset inventory and plans required under paragraph (1)(A). (B) Report The Comptroller General of the United States shall, on an annual basis during the 5-fiscal-year period following the date of enactment of this Act, publish a report on each review conducted under subparagraph (A) of an agency during the fiscal year for which the report is published. (c) Ensuring cybersecurity standards for data center consolidation and cloud computing An agency required to implement a data center consolidation plan under this Act and migrate to cloud computing shall do so in a manner that is consistent with Federal guidelines on cloud computing security, including— (1) applicable provisions found within the Federal Risk and Authorization Management Program (FedRAMP); and (2) guidance published by the National Institute of Standards and Technology. (d) Classified information The Director of National Intelligence may waive the requirements of this Act for any element (or component of an element) of the intelligence community. (e) Sunset This Act is repealed effective on October 1, 2018. 1. Short title This Act may be cited as the Federal Data Center Consolidation Act of 2013. 2. Federal data center consolidation initiative (a) Definitions In this Act: (1) Administrator The term Administrator means the Administrator for the Office of E-Government and Information Technology within the Office of Management and Budget. (2) Covered agency The term covered agency means the following (including all associated components of the agency): (A) Department of Agriculture; (B) Department of Commerce; (C) Department of Defense; (D) Department of Education; (E) Department of Energy; (F) Department of Health and Human Services; (G) Department of Homeland Security; (H) Department of Housing and Urban Development; (I) Department of the Interior; (J) Department of Justice; (K) Department of Labor; (L) Department of State; (M) Department of Transportation; (N) Department of Treasury; (O) Department of Veterans Affairs; (P) Environmental Protection Agency; (Q) General Services Administration; (R) National Aeronautics and Space Administration; (S) National Science Foundation; (T) Nuclear Regulatory Commission; (U) Office of Personnel Management; (V) Small Business Administration; (W) Social Security Administration; and (X) United States Agency for International Development. (3) 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 Initiative, dated February 26, 2010, or any successor thereto. (4) 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 (b)(2)(G). (b) Federal data center consolidation inventories and strategies (1) In general (A) Annual reporting Each year, beginning in the first fiscal year after the date of enactment of this Act and each fiscal year thereafter, the head of each covered agency, assisted by the Chief Information Officer of the agency, shall submit to the Administrator— (i) a comprehensive inventory of the data centers owned, operated, or maintained by or on behalf of the agency; and (ii) a multi-year strategy to achieve the consolidation and optimization of the data centers inventoried under clause (i), that includes— (I) performance metrics— (aa) that are consistent with the Government-wide data center consolidation and optimization metrics; and (bb) by which the quantitative and qualitative progress of the agency toward the goals of the FDCCI can be measured; (II) a timeline for agency activities to be completed under the FDCCI, with an emphasis on benchmarks the agency can achieve by specific dates; (III) 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 (e), broken down by each year, including a description of any initial costs for data center consolidation and optimization and life cycle cost savings and other improvements, with an emphasis on— (aa) meeting the Government-wide data center consolidation and optimization metrics; and (bb) demonstrating the amount of agency-specific cost savings each fiscal year achieved through the FDCCI; and (IV) any additional information required by the Administrator. (B) 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 appropriate. (C) Statement Each year, beginning in the first fiscal year after the date of enactment of this Act and each fiscal year thereafter, the head of each covered agency, acting through the Chief Information Officer of the agency, shall— (i) (I) submit a statement to the Administrator stating whether the agency has complied with the requirements of this Act; and (II) make the statement submitted under subclause (I) publically available; and (ii) if the agency has not complied with the requirements of this Act, submit a statement to the Administrator explaining the reasons for not complying with such requirements. (D) Agency implementation of strategies Each covered agency, under the direction of the Chief Information Officer of the agency, shall— (i) implement the strategy required under subparagraph (A)(ii); and (ii) provide updates to the Administrator, on a quarterly basis, of — (I) the completion of activities by the agency under the FDCCI; (II) any progress of the agency towards meeting the Government-wide data center consolidation and optimization metrics; and (III) the actual cost savings and other improvements realized through the implementation of the strategy of the agency. (E) Rule of construction Nothing in this Act shall be construed to limit the reporting of information by a covered agency to the Administrator, the Director of the Office of Management and Budget, or Congress. (2) Administrator responsibilities The Administrator shall— (A) establish the deadline, on an annual basis, for covered agencies to submit information under this section; (B) establish a list of requirements that the covered agencies must meet to be considered in compliance with paragraph (1); (C) 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 public; (D) review the inventories and strategies submitted under paragraph (1) to determine whether they are comprehensive and complete; (E) monitor the implementation of the data center strategy of each covered agency that is required under paragraph (1)(A)(ii); (F) update, on an annual basis, the cumulative cost savings realized through the implementation of the FDCCI; and (G) establish metrics applicable to the consolidation and optimization of data centers Government-wide, including metrics with respect to— (i) costs; (ii) efficiencies, including at least server efficiency; and (iii) any other metrics the Administrator establishes under this subparagraph. (3) Cost saving goal and updates for Congress (A) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall develop, and make publically available, a goal, broken down by year, 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 (e). (B) Annual update (i) In general Not later than 1 year after the date on which the goal described in subparagraph (A) is made publically available, and each year thereafter, 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 (A). (ii) Update for Congress The goal required to be developed under subparagraph (A) shall be submitted to Congress and shall be accompanied by a statement describing— (I) whether each covered agency has in fact submitted a comprehensive asset inventory, including an assessment broken down by agency, which shall include the specific numbers, utilization, and efficiency level of data centers; and (II) whether each covered agency has submitted a comprehensive consolidation strategy with the key elements described in paragraph (1)(A)(ii). (4) GAO Review (A) In general Not later than 1 year after the date of enactment of this Act, and each year thereafter, 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 (1)(A). (B) Report The Comptroller General of the United States shall, on an annual basis, publish a report on each review conducted under subparagraph (A). (c) Ensuring cybersecurity standards for data center consolidation and cloud computing (1) In general In implementing a data center consolidation and optimization strategy under this Act, a covered agency shall do so in a manner that is consistent with Federal guidelines on cloud computing security, including— (A) applicable provisions found within the Federal Risk and Authorization Management Program (FedRAMP); and (B) guidance published by the National Institute of Standards and Technology. (2) 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 security. (d) Waiver of disclosure requirements The Director of National Intelligence may waive the applicability to any element (or component of an element) of the intelligence community of any provision of this Act if the Director of National Intelligence determines that such waiver is in the interest of national security. Not later than 30 days after making a waiver under this subsection, the Director of National Intelligence 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 waiver. (e) Sunset This Act is repealed effective on October 1, 2018. May 6, 2014Reported with an amendment