,,ii #aagth ,,congress #b;d ,session ,s4 #dfbi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bg1 #bjbb,ms4 ,rosen 7for herself1 ,mr4 ,cornyn1 and ,mr4 ,peters7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend the ,carl ,levin and ,howard ,p4 ,buck ,mc,keon ,national ,defense ,authorization ,act for ,fiscal ,year #bjae to modify requirements relating to data centers of certain ,federal agencies1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,data ,center ,enhancement ,act of #bjbb4 #b4 ,federal ,data ,center ,consolidation ,initiative ,amendments 7a7 ,findings ,congress finds the following3 7#a7 ,the statutory authorization for the ,federal ,data ,center ,optimization ,initiative under section #hcd of the ,carl ,levin and ,howard ,p4 ,buck ,mc,keon ,national ,defense ,authorization ,act for ,fiscal ,year #bjae 7#dd ,u4,s4,c4 #cfja note2 ,public ,law #aac-bia7 expires at the end of fiscal year #bjbb4 7#b7 ,the expiration of the authorization described in paragraph 7#a7 presents ,congress with an opportunity to review the objectives of the ,federal ,data ,center ,optimization ,initiative to ensure that the initiative is meeting the current needs of the ,federal ,government4 7#c7 ,the initial focus of the ,federal ,data ,center ,optimization ,initiative1 which was to consolidate data centers and create new efficiencies1 has resulted in1 since #bjaj-- 7,a7 the consolidation of more than #f1jjj ,federal data centers2 and 7,b7 cost savings and avoidance of #e1hjj1jjj1jjj4 7#d7 ,the need of the ,federal ,government for access to data and data processing systems has evolved since the date of enactment in #bjad of subtitle ,d of title ,,viii of the ,carl ,levin and ,howard ,p4 ,buck ,mc,keon ,national ,defense ,authorization ,act for ,fiscal ,year #bjae4 7#e7 ,federal agencies and employees involved in mission critical functions increasingly need reliable access to secure1 reliable1 sustainable1 and protected facilities to house mission critical data and data operations to meet the immediate needs of the people of the ,united ,states4 7#f7 ,as of the date of enactment of this ,act1 there is a growing need for ,federal agencies to use data centers and cloud applications that meet high standards for cybersecurity1 resiliency1 availability1 and sustainability4 7b7 ,minimum requirements for new data centers ,section #hcd of the ,carl ,levin and ,howard ,p4 ,buck ,mc,keon ,national ,defense ,authorization ,act for ,fiscal ,year #bjae 7#dd ,u4,s4,c4 #cfja note2 ,public ,law #aac-bia7 is amended-- 7#a7 in subsection 7a71 by striking paragraphs 7#c7 and 7#d7 and inserting the following3 7#c7 ,new data center ,the term new data center means a-- 7,a7 7i7 data center or a portion thereof that is owned1 operated1 or maintained by a covered agency2 or 7ii7 to the extent practicable1 a data center or portion thereof-- 7,i7 that is owned1 operated1 or maintained by a contractor on behalf of a covered agency on the date on which the contract between the covered agency and the contractor expires2 and 7,,ii7 with respect to which the covered agency extends the contract1 or enters into a new contract1 with the contractor2 and 7,b7 on or after the date that is #ahj days after the date of enactment of the ,federal ,data ,center ,enhancement ,act of #bjbb that is-- 7i7 established2 or 7ii7 substantially upgraded or expanded4 2 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,minimum requirements for new data centers 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,federal ,data ,center ,enhancement ,act of #bjbb1 the ,administrator shall establish minimum requirements for new data centers in consultation with the ,administrator of ,general ,services and the ,federal ,chief ,information ,officers ,council4 7#b7 ,contents 7,a7 ,in general ,the minimum requirements established under paragraph 7#a7 shall include requirements relating to-- 7i7 the availability of new data centers2 7ii7 the use of new data centers2 7iii7 the use of sustainable energy sources2 7iv7 uptime percentage2 7v7 protections against power failures1 including on-site energy generation and access to multiple transmission paths2 7vi7 protections against physical intrusions and natural disasters2 7vii7 information security protections required by subchapter ,,ii of chapter #ce of title #dd1 ,united ,states ,code1 and other applicable law and policy2 and 7viii7 any other requirements the ,administrator determines appropriate4 7,b7 ,consultation ,in establishing the requirements described in subparagraph 7,a77vii71 the ,administrator shall consult with the ,director of the ,cybersecurity and ,infrastructure ,security ,agency and the ,national ,cyber ,director4 7#c7 ,use of existing standards ,the ,administrator may incorporate the minimum requirements established under paragraph 7#a7 into the appropriate requirements of any agency data center existing as of the date of enactment of the ,federal ,data ,center ,enhancement ,act of #bjbb4 7#d7 ,review of standards ,the ,administrator1 in consultation with the ,administrator of ,general ,services and the ,federal ,chief ,information ,officers ,council1 shall review1 update1 and modify the minimum requirements established under paragraph 7#a71 as necessary4 7#e7 ,report on new data centers ,during the development and planning lifecycle of a new data center1 if the head of a covered agency determines that the covered agency is likely to make a management or financial decision relating to the new data center1 the head of the covered agency shall-- 7,a7 notify-- 7i7 the ,administrator2 7ii7 ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7iii7 ,committee on ,oversight and ,reform of the ,house of ,representatives2 and 7,b7 describe in the notification with sufficient detail how the covered agency intends to comply with the minimum requirements established under paragraph 7#a74 7#f7 ,use of technology ,in determining whether to establish or continue to operate a data center1 the head of a covered agency shall-- 7,a7 regularly assess the application portfolio of the covered agency and ensure that each legacy application is updated1 replaced1 or modernized1 as appropriate1 to take advantage of modern technologies2 and 7,b7 prioritize and1 to the greatest extent possible1 leverage commercial cloud environments rather than acquiring1 overseeing1 or managing custom data center infrastructure4 2 and 7#c7 in subsection 7c71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,the head of a covered agency shall oversee and manage the data center portfolio and the information technology strategy of the covered agency in accordance with ,federal cybersecurity guidelines and directives1 including-- 7,a7 information security standards and guidelines promulgated by the ,director of the ,national ,institute of ,standards and ,technology2 7,b7 applicable provisions found within the ,federal ,risk and ,authorization ,management ,program2 and 7,c7 directives issued by the ,secretary of ,homeland ,security under section #ceec of title #dd1 ,united ,states ,code4 4 7c7 ,extension of sunset ,section #hcd7;e7 of the ,carl ,levin and ,howard ,p4 ,buck ,mc,keon ,national ,defense ,authorization ,act for ,fiscal ,year #bjae 7#dd ,u4,s4,c4 #cfja note2 ,public ,law #aac-bia7 is amended by striking #bjbb and inserting #bjbe4