,,ii ,calendar ,no4 #cgb #aacth ,,congress #b;d ,session ,s4 #afaa ,report ,no4 #aac-aeg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #cj1 #bjac,mr4 ,bennet 7for himself1 ,mr4 ,coburn1 ,ms4 ,ayotte1 and ,mr4 ,carper7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,may #f1 #bjad,reported by ,mr4 ,carper1 with an amendment,strike 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 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 ,,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 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 for each of the #d fiscal years thereafter1 the head of each agency that is described in subparagraph 7,d71 assisted by the ,chief ,information ,officer of the agency1 shall submit to the ,administrator-- 7i7 a comprehensive asset inventory of the data centers owned1 operated1 or maintained by or on behalf of the agency1 even if the center is administered by a third party2 and 7ii7 a multi-year strategy to achieve the optimization and consolidation of agency data center assets1 that includes-- 7,i7 performance metrics-- 7aa7 that are consistent with performance metrics established by the ,administrator under subparagraphs 7,c7 and 7,g7 of paragraph 7#b72 and 7bb7 by which the quantitative and qualitative progress of the agency toward data center consolidation goals can be measured2 7,,ii7 a timeline for agency activities completed under the ,,fdcci1 with an emphasis on benchmarks the agency can achieve by specific dates2 7,,iii7 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 7e71 broken down by each year1 including a description of any initial costs for data center consolidation and life cycle cost savings1 with an emphasis on-- 7aa7 meeting the ,government-wide performance metrics described in subparagraphs 7,c7 and 7,g7 of paragraph 7#b72 and 7bb7 demonstrating agency-specific savings each fiscal year achieved through the ,,fdcci2 and 7,,iv7 any additional information required by the ,administrator4 7,b7 ,use of existing reporting structures ,the ,administrator may require agencies described in subparagraph 7,d7 to submit any information required to be submitted under this subsection through reporting structures in use as of the date of enactment of this ,act4 7,c7 ,certification ,each year1 beginning in the first fiscal year after the date of enactment of this ,act and for each of the #d fiscal years thereafter1 acting through the chief information officer of the agency1 shall submit a statement to the ,administrator certifying that the agency has complied with the requirements of this ,act4 7,d7 ,agencies described ,the agencies 7including all associated components of the agency7 described in this paragraph are the-- 7i7 ,department of ,agriculture2 7ii7 ,department of ,commerce2 7iii7 ,department of ,defense2 7iv7 ,department of ,education2 7v7 ,department of ,energy2 7vi7 ,department of ,health and ,human ,services2 7vii7 ,department of ,homeland ,security2 7viii7 ,department of ,housing and ,urban ,development2 7ix7 ,department of the ,interior2 7x7 ,department of ,justice2 7xi7 ,department of ,labor2 7xii7 ,department of ,state2 7xiii7 ,department of ,transportation2 7xiv7 ,department of the ,treasury2 7xv7 ,department of ,veterans ,affairs2 7xvi7 ,environmental ,protection ,agency2 7xvii7 ,general ,services ,administration2 7xviii7 ,national ,aeronautics and ,space ,administration2 7xix7 ,national ,science ,foundation2 7xx7 ,nuclear ,regulatory ,commission2 7xxi7 ,office of ,personnel ,management2 7xxii7 ,small ,business ,administration2 7xxiii7 ,social ,security ,administration2 and 7xxiv7 ,united ,states ,agency for ,international ,development4 7,e7 ,agency implementation of strategies ,each agency described in subparagraph 7,d71 under the direction of the ,chief ,information ,officer of the agency shall-- 7i7 implement the consolidation 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 performance metrics described in subparagraphs 7,c7 and 7,g7 of paragraph 7#b72 and 7,,iii7 the actual cost savings realized through the implementation of the ,,fdcci4 7,f7 ,rule of construction ,nothing in this paragraph shall be construed to limit the reporting of information by any agency described in subparagraph 7,f7 to the ,administrator1 the ,director of the ,office of ,management and ,budget1 or to ,congress4 7#b7 ,administrator responsibilities ,the ,administrator shall-- 7,a7 establish the deadline1 on an annual basis1 for agencies to submit information under this section2 7,b7 establish a list of requirements that the agencies must meet to be considered in compliance with paragraph 7#a72 7,c7 ensure that each certification submitted under paragraph 7#a77;,c7 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 public2 7,d7 review the plans submitted under paragraph 7#a7 to determine whether each plan is comprehensive and complete2 7,e7 monitor the implementation of the data center plan of each agency described in paragraph 7#a77;,a77ii72 7,f7 update1 on an annual basis1 the cumulative cost savings realized through the implementation of the agency plans2 and 7,g7 establish ,government-wide data center total cost of ownership optimization and consolidation metrics1 which shall include server efficiency and other comprehensive metrics established at the discretion of the ,administrator4 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 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 #e-year period beginning on the date of enactment of this ,act1 which shall include a breakdown on a year-by-year basis of the projected savings4 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 determined and each year thereafter until the end of #bjah1 the ,administrator shall aggregate the savings achieved to date1 by each relevant agency1 through the ,,fdcci as compared to the projected savings developed under subparagraph 7,a7 7based on data collected from each affected agency under paragraph 7#a774 7ii7 ,update for ,congress ,the goal required to be developed and published under subparagraph 7,a7 shall be submitted to ,congress and shall include an update on the progress made by each agency described in subsection paragraph 7#a77;,e7 on-- 7,i7 whether each 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 agency has submitted a comprehensive consolidation plan with the key elements described in paragraph 7#a77;,a77ii74 7iii7 ,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 ,representatives1 the head of an agency described in paragraph 7#a77;,e7 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 7i7 or an updated progress report required under clause 7ii74 7#d7 ,,gao ,review 7,a7 ,in general ,during the #e-;fiscal-year period following the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall review the quality and completeness1 and verify1 each agency's asset inventory and plans required under paragraph 7#a77;,a74 7,b7 ,report ,the ,comptroller ,general of the ,united ,states shall1 on an annual basis during the #e-;fiscal-year period following the date of enactment of this ,act1 publish a report on each review conducted under subparagraph 7,a7 of an agency during the fiscal year for which the report is published4 7c7 ,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 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 7d7 ,classified information ,the ,director of ,national ,intelligence may waive the requirements of this ,act for any element 7or component of an element7 of the intelligence community4 7e7 ,sunset ,this ,act is repealed effective on ,october #a1 #bjah4 #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 ,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,d7 ,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,e7 ,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 disclosure requirements ,the ,director of ,national ,intelligence may waive the applicability to any element 7or component of an element7 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 security4 ,not later than #cj days after making a waiver under this subsection1 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 waiver4 7e7 ,sunset ,this ,act is repealed effective on ,october #a1 #bjah4 ,may #f1 #bjad,reported with an amendment